United States v. Jeff Chesser

U.S. Court of Appeals for the Fourth Circuit
United States v. Jeff Chesser, 488 F. App'x 760 (4th Cir. 2012)

United States v. Jeff Chesser

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 12-7275

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

JEFF ERIC CHESSER,

Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at Columbia. Cameron McGowan Currie, District Judge. (3:07-cr-01392-CMC-1; 3:12-cv-01484-CMC)

Submitted: November 20, 2012 Decided: November 27, 2012

Before TRAXLER, Chief Judge, and SHEDD and FLOYD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Jeff Eric Chesser, Appellant Pro Se. Jimmie Ewing, Assistant United States Attorney, Nancy Chastain Wicker, OFFICE OF THE UNITED STATES ATTORNEY, Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Jeff Eric Chesser seeks to appeal the district court’s

order dismissing as successive his

28 U.S.C.A. § 2255

(West

Supp. 2012) motion. The order is not appealable unless a

circuit justice or judge issues a certificate of appealability.

28 U.S.C. § 2253

(c)(1)(B) (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). When the district court denies relief on the merits, a

prisoner satisfies this standard by demonstrating that

reasonable jurists would find that the district court’s

assessment of the constitutional claims is debatable or wrong.

Slack v. McDaniel,

529 U.S. 473, 484

(2000); see Miller-El v.

Cockrell,

537 U.S. 322, 336-38

(2003). When the district court

denies relief on procedural grounds, the prisoner must

demonstrate both that the dispositive procedural ruling is

debatable, and that the motion states a debatable claim of the

denial of a constitutional right. Slack,

529 U.S. at 484-85

.

We have independently reviewed the record and conclude

that Chesser has not made the requisite showing. * Accordingly,

we deny a certificate of appealability and dismiss the appeal.

* Chesser’s motion also did not qualify for consideration under

28 U.S.C.A. § 2241

(West 2006 & Supp. 2012). In re Jones,

226 F.3d 328

, 333-34 (4th Cir. 2000).

2 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

3

Reference

Status
Unpublished