United States v. Bonner

U.S. Court of Appeals for the Fourth Circuit
United States v. Bonner, 122 F. App'x 681 (4th Cir. 2005)

United States v. Bonner

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 04-7795

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

WINFREE BONNER, JR., a/k/a Stinka,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. James R. Spencer, Chief District Judge. (CR-01-120; CA-04-619-3)

Submitted: February 24, 2005 Decided: March 8, 2005

Before NIEMEYER, WILLIAMS, and KING, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Winfree Bonner, Jr., Appellant Pro Se. Stephen Wiley Miller, OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Winfree Bonner, Jr., seeks to appeal the district court’s

order denying relief on his

28 U.S.C. § 2255

(2000) motion. The

order is not appealable unless a circuit justice or judge issues a

certificate of appealability.

28 U.S.C. § 2253

(c)(l) (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 the district

court’s assessment of his constitutional claims is 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

(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 Bonner 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

Status
Unpublished