U.S. Court of Appeals for the Fourth Circuit, 2007

United States v. Cornell

United States v. Cornell
U.S. Court of Appeals for the Fourth Circuit · Decided June 8, 2007 · Wilkinson, Traxler, Gregory
229 F. App'x 259

United States v. Cornell

Opinion

PER CURIAM:

Lewis Thomas Cornell seeks to appeal the district court’s order accepting the recommendation of the magistrate judge, construing Cornell’s motion for reduction of sentence under 18 U.S.C.A. § 3582(c) (West 2000 & Supp. 2007), as a successive 28 U.S.C. § 2255 (2000) motion, and dismissing it for lack of jurisdiction. 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 any assessment of the constitutional claims by the district court is debatable or wrong and that any dispositive procedural ruling by the district court is likewise debatable. Miller-El v. Cockrell, 537 U.S. 322, 336-38, 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, 683-84 (4th Cir. 2001). *260 We have independently reviewed the record and conclude that Cornell has not made the requisite showing. Accordingly, we deny a certifícate 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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