Filed: Mar. 14, 2003
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 02-7801 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus REGGIE DELOACH, a/k/a Intell Abrams, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Richard L. Williams, Senior District Judge. (CR-98-323) Submitted: March 6, 2003 Decided: March 14, 2003 Before WILKINSON, MICHAEL, and KING, Circuit Judges. Dismissed by unpublished per curiam opinion. Reggie D
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 02-7801 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus REGGIE DELOACH, a/k/a Intell Abrams, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Richard L. Williams, Senior District Judge. (CR-98-323) Submitted: March 6, 2003 Decided: March 14, 2003 Before WILKINSON, MICHAEL, and KING, Circuit Judges. Dismissed by unpublished per curiam opinion. Reggie De..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7801
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
REGGIE DELOACH, a/k/a Intell Abrams,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Richard L. Williams, Senior
District Judge. (CR-98-323)
Submitted: March 6, 2003 Decided: March 14, 2003
Before WILKINSON, MICHAEL, and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Reggie DeLoach, Appellant Pro Se. Stephen Wiley Miller, OFFICE OF
THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Reggie DeLoach seeks to appeal the district court’s order
denying relief on his petition filed under 28 U.S.C. § 2255 (2000).
An appeal may not be taken to this court from the final order in a
§ 2255 proceeding 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 for claims addressed by
a district court on the merits absent “a substantial showing of the
denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2000).
As to claims dismissed by a district court solely on procedural
grounds, a certificate of appealability will not issue unless the
petitioner can demonstrate both: “(1) ‘that jurists of reason would
find it debatable whether the petition states a valid claim of the
denial of a constitutional right; and (2) that jurists of reason
would find it debatable whether the district court was correct in
its procedural ruling.’” Rose v. Lee,
252 F.3d 676, 684 (4th Cir.
2001) (quoting Slack v. McDaniel,
529 U.S. 473, 484 (2000)).
We have independently reviewed the record and conclude that
DeLoach has not satisfied either standard. Accordingly, we deny a
certificate of appealability and dismiss the appeal. See Miller-El
v. Cockrell, U.S. ,
2003 WL 431659 (U.S. Feb. 25, 2003) (No.
01-7662), at *10.
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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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