United States v. Mason

U.S. Court of Appeals for the Fourth Circuit
United States v. Mason, 169 F. App'x 801 (4th Cir. 2006)

United States v. Mason

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 06-6160

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

GREGORY MASON, a/k/a G,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Robert E. Payne, District Judge. (2:92-CR-00163-4; 3:05-CV-00496-REP)

Submitted: February 23, 2006 Decided: March 6, 2006

Before WIDENER, NIEMEYER, and KING, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Gregory Mason, Appellant Pro Se. Laura Marie Everhart, Assistant United States Attorney, Norfolk, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Gregory Mason 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 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 Mason has not made the requisite showing.

Accordingly, we deny Mason’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

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Reference

Status
Unpublished