United States v. Mohr

U.S. Court of Appeals for the Fourth Circuit
United States v. Mohr, 346 F. App'x 979 (4th Cir. 2009)

United States v. Mohr

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 07-7526

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

STEPHANIE MOHR,

Defendant - Appellant.

Appeal from the United States District Court for the District of Maryland, at Greenbelt. Deborah K. Chasanow, District Judge. (8:00-cr-00453-DKC; 8:03-cv-02893-DKC)

Submitted: October 16, 2009 Decided: October 27, 2009

Before WILKINSON, MOTZ, and DUNCAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Barry Coburn, Jeffrey Carll Coffman, COBURN & COFFMAN, PLLC, Washington, D.C.; Rachel Marblestone Kamins, BENNETT & BAIR, LLC, Greenbelt, Maryland, for Appellant. Chan Park, Assistant United States Attorney, Greenbelt, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Stephanie Mohr seeks to appeal the district court’s

order denying relief on her

28 U.S.C.A. § 2255

(West Supp. 2009)

motion and denying her motion to amend. The order is not

appealable unless a circuit justice or judge issues a

certificate of appealability.

28 U.S.C. § 2253

(c)(1) (2006). 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 Mohr 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

2

Reference

Status
Unpublished