United States v. Smith

U.S. Court of Appeals for the Fourth Circuit
United States v. Smith, 89 F. App'x 424 (4th Cir. 2004)

United States v. Smith

Opinion

PER CURIAM:

Latasha Marie Smith seeks to appeal the district court’s order denying her 28 U.S.C. § 2255 (2000) motion. Smith cannot appeal this order unless a circuit judge or justice issues a certificate of appealability, and a certificate of appealability will *425 not issue absent a “substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2000). A § 2255 movant meets 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, 336, 123 S.Ct. 1029, 154 L.Ed.2d 931, (2003); Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); Rose v. Lee, 252 F.3d 676, 683 (4th Cir. 2001). We have independently reviewed the record and conclude Smith 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

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Latasha Marie SMITH, Defendant-Appellant
Status
Unpublished