United States v. Vereen

U.S. Court of Appeals for the Fourth Circuit
United States v. Vereen, 73 F. App'x 653 (4th Cir. 2003)

United States v. Vereen

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 03-6818

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

ANDRE LARUE VEREEN,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Wilmington. James C. Fox, Senior District Judge. (CR-01-40-FO, CA-02-145-FO)

Submitted: August 28, 2003 Decided: September 8, 2003

Before NIEMEYER and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Andre LaRue Vereen, Appellant Pro Se. Kimberly Ann Moore, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Andre LaRue Vereen seeks to appeal the district court’s order

denying relief on his motion filed under

28 U.S.C. § 2255

(2000).

The order is not appealable unless a circuit justice or judge

issues a certificate of appealability.

28 U.S.C. § 2253

(c)(1)

(2000). A certificate of appealability will not issue absent “a

substantial showing of the denial of a constitutional right.”

28 U.S.C. § 2253

(c)(2) (2000). A prisoner satisfies this standard by

demonstrating that reasonable jurists would find that his

constitutional claims are debatable and that any dispositive

procedural rulings by the district court are also debatable or

wrong. See Miller-El v. Cockrell,

537 U.S. 322

, ,

123 S. Ct. 1029, 1040

(2003); Slack v. McDaniel,

529 U.S. 473, 484

(2000);

Rose v. Lee,

252 F.3d 676, 683

(4th Cir.), cert. denied,

534 U.S. 941

(2001). We have independently reviewed the record and conclude

that Vereen has not made the requisite showing. Accordingly, we

deny a certificate of appealability and dismiss the appeal. 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

2

Reference

Status
Unpublished