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United States v. Lane, 03-7336 (2004)

Court: Court of Appeals for the Fourth Circuit Number: 03-7336 Visitors: 7
Filed: Feb. 03, 2004
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-7336 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus STEVEN MAURICE LANE, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at New Bern. James C. Fox, Senior District Judge. (CR-97-5-FO; CA-03-123-4) Submitted: December 19, 2003 Decided: February 3, 2004 Before WILLIAMS, MOTZ, and TRAXLER, Circuit Judges. Dismissed by unpublished per curiam opinion. Steven
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                            UNPUBLISHED

                   UNITED STATES COURT OF APPEALS
                       FOR THE FOURTH CIRCUIT


                            No. 03-7336



UNITED STATES OF AMERICA,

                                               Plaintiff - Appellee,

          versus


STEVEN MAURICE LANE,

                                             Defendant - Appellant.


Appeal from the United States District Court for the Eastern
District of North Carolina, at New Bern.  James C. Fox, Senior
District Judge. (CR-97-5-FO; CA-03-123-4)


Submitted: December 19, 2003              Decided:   February 3, 2004


Before WILLIAMS, MOTZ, and TRAXLER, Circuit Judges.


Dismissed by unpublished per curiam opinion.


Steven Maurice Lane, Appellant Pro Se. Cynthia Elaine Tompkins,
OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for
Appellee.


Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:

            Steven Maurice Lane seeks to appeal the district court’s

order denying relief on his motion filed under 28 U.S.C. § 2255

(2000).    The order is 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) (2000).           A prisoner satisfies this

standard by demonstrating that reasonable jurists would find that

his constitutional claims are debatable and that any dispositive

procedural rulings by the district court are also debatable or

wrong.    See Miller-El v. Cockrell, 
537 U.S. 322
, 336 (2003); Slack

v. McDaniel, 
529 U.S. 473
, 484 (2000); Rose v. Lee, 
252 F.3d 676
,

683 (4th Cir. 2001). We have independently reviewed the record and

conclude     that       Lane   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




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Source:  CourtListener

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