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UNITED STATES of America, Plaintiff-Appellee, v. Terry Leon ALLRED, Defendant-Appellant

United States Court of Appeals for the Fourth Circuit2018-02-12No. No. 17-6906
711 F. App'x 144

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Opinion

majority opinion

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PER CURIAM:

Terry Leon Allred appeals the district court’s order accepting the magistrate judge’s recommendation to construe All-red’s motion to vacate as an unauthorized, second or successive motion . under 28 U.S.C. § 2255 (2012), and to dismiss it on that basis. We have reviewed the record and find no reversible error. Even assuming, as Allred contends on appeal, that his motion should not have been construed as a § 2255 motion, he has not demonstrated his entitlement to an order vacating his life sentence and resentencing him to time served. Accordingly, we affirm the district court’s denial of relief. United States v. Allred, Nos. 2:89-cr-00122-NCT-1; 1:17-cv-00215-NCT-JLW (M.D.N.C. July 5, 2017). We dispense with oral argument because the facts and legal contentions aré adequately presented in the materials before this court and argument would not aid the decisional process.

AFFIRMED