United States v. Hinton

U.S. Court of Appeals for the Fourth Circuit
United States v. Hinton, 82 F. App'x 792 (4th Cir. 2003)

United States v. Hinton

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 03-7311

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

GREGORY HINTON,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Gerald Bruce Lee, District Judge. (CR-00-180)

Submitted: November 6, 2003 Decided: November 20, 2003

Before WIDENER, MICHAEL, and TRAXLER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Gregory Hinton, Appellant Pro Se. Dabney P. Langhorne, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Gregory Hinton seeks to appeal the district court’s order

denying relief on his motion filed under

28 U.S.C. § 2255

(2000).

An appeal may not be taken from the final order in a § 2255

proceeding 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 both 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, 1039

(2003); Slack v.

McDaniel,

529 U.S. 473, 484

(2000); Rose v. Lee,

252 F.3d 676, 683

(4th Cir. 2001). We have independently reviewed the record and

conclude that Hinton has not made the requisite showing.

Accordingly, we deny Hinton’s motion for 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Unpublished