United States v. Williams

U.S. Court of Appeals for the Fourth Circuit
United States v. Williams, 305 F. App'x 994 (4th Cir. 2009)

United States v. Williams

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-6740

UNITED STATES OF AMERICA,

Plaintiff – Appellee,

v.

LLOYD ANTHONIE WILLIAMS,

Defendant – Appellant.

Appeal from the United States District Court for the Western District of North Carolina, at Asheville. Lacy H. Thornburg, District Judge. (4:98-cr-00144-LHT-1; 1:06-cv-00193-LHT)

Submitted: October 30, 2008 Decided: January 12, 2009

Before WILKINSON, MICHAEL, and TRAXLER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Lloyd Anthonie Williams, Appellant Pro Se. Thomas Richard Ascik, Assistant United States Attorney, Jerry Wayne Miller, OFFICE OF THE UNITED STATES ATTORNEY, Asheville, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Lloyd Anthonie Williams seeks to appeal the district

court’s orders denying relief on his

28 U.S.C.A. § 2255

(West

2006 & West Supp. 2008) motion and his motion to reconsider.

The orders are 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) (2006). 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

(2003); Slack v. McDaniel,

529 U.S. 473, 484

(2000); Rose v. Lee,

252 F.3d 676, 683-84

(4th

Cir. 2001). We have independently reviewed the record and

conclude that Williams has not made the requisite showing.

Accordingly, we deny Williams’ motions 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

2

Reference

Status
Unpublished