United States v. Smith
United States v. Smith
Opinion of the Court
Ellis James Smith 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, 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 that Smith has not made the requisite showing.
DISMISSED
After submitting his informal brief, Smith filed a Fed. R.App. P. 28(j) letter titled a "Motion to Amend/Supplement COA Memorandum” asking this Court to consider his case in light of the Supreme Court's recent holding in Blakely v. Washington, - U.S. -, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). However, Blakely has not been held by the Supreme Court to apply retroactively to cases on collateral review. Accordingly, we decline Smith’s request to issue a certificate of appealability based on the Blakely decision.
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff—Appellee v. Ellis James SMITH, Defendant—Appellant
- Cited By
- 1 case
- Status
- Published