United States v. Belk

U.S. Court of Appeals for the Fourth Circuit

United States v. Belk

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 02-7296

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

MESHAN BELK,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Claude M. Hilton, Chief District Judge. (CR-99-7-A; CA-01-0853-AM)

Submitted: February 19, 2004 Decided: February 24, 2004

Before NIEMEYER, GREGORY, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Meshan Belk, Appellant Pro Se. Rebeca Hidalgo Bellows, Assistant United States Attorney, Alexandria, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Meshan Belk seeks to appeal the district court’s order

denying relief on her 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 for claims addressed by the district

court on the merits absent “a substantial showing of the denial of

a constitutional right.”

28 U.S.C. § 2253

(c)(2) (2000). We have

independently reviewed the record and conclude that Belk has not

made the requisite showing. See Miller-El v. Cockrell,

537 U.S. 322, 336

(2003). 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

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Reference

Status
Unpublished