U.S. Court of Appeals for the Fourth Circuit, 2003

United States v. Moise

United States v. Moise
U.S. Court of Appeals for the Fourth Circuit · Decided July 18, 2003 · Traxler, Gregory, Shedd
69 F. App'x 633

United States v. Moise

Opinion

PER CURIAM:

Marjorie Moise appeals from the order of the district court denying relief on her motion to vacate, set aside, or correct her sentence, filed pursuant to 28 U.S.C. § 2255 (2000). In reviewing the denial of a § 2255 motion, this court may only grant a certificate of appealability if the appellant makes a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(2) (2000). The relevant inquiry is whether “ ‘reasonable jurists would find the district court’s assessment of the constitutional claims debatable or wrong.’” Miller-El v. Cockrell, 537 U.S. 322, 123 S.Ct. 1029, 1040, 154 L.Ed.2d 931 (2003) (quoting Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000)). Assuming without deciding that equitable tolling applies, we conclude that Moise has failed to make this showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We also deny Moise’s motion for appointment of counsel. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED.

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