United States v. Dias
United States v. Dias
Opinion of the Court
Steve Dias seeks to appeal the district court’s order treating his petition for a writ of audita querela as a 28 U.S.C. § 2255 (2000) motion, and dismissing it as successive. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000); Reid v. Angelone, 369 F.3d 363, 369 (4th Cir. 2004). A certificate of appealability will not issue absent “a
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
- Full Case Name
- United States v. Steve DIAS, a/k/a Troy, a/k/a O'Neil Guthrie
- Status
- Published