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United States v. Billings, 04-6579 (2004)

Court: Court of Appeals for the Fourth Circuit Number: 04-6579 Visitors: 37
Filed: Jul. 22, 2004
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-6579 UNITED STATES OF AMERICA, Petitioner - Appellee, versus KEITH DARNELL BILLINGS, Respondent - Appellant. Appeal from the United States District Court for the District of South Carolina, at Florence. C. Weston Houck, Senior District Judge. (CR-99-249-4-2; CA-01-2315-4-12) Submitted: July 15, 2004 Decided: July 22, 2004 Before MOTZ, KING, and GREGORY, Circuit Judges. Dismissed by unpublished per curiam opinion. Keith Darn
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                             UNPUBLISHED

                   UNITED STATES COURT OF APPEALS
                       FOR THE FOURTH CIRCUIT


                             No. 04-6579



UNITED STATES OF AMERICA,

                                            Petitioner - Appellee,

          versus


KEITH DARNELL BILLINGS,

                                           Respondent - Appellant.



Appeal from the United States District Court for the District of
South Carolina, at Florence.   C. Weston Houck, Senior District
Judge. (CR-99-249-4-2; CA-01-2315-4-12)


Submitted:   July 15, 2004                 Decided:   July 22, 2004


Before MOTZ, KING, and GREGORY, Circuit Judges.


Dismissed by unpublished per curiam opinion.


Keith Darnell Billings, Appellant Pro Se. Alfred William Walker
Bethea, Jr., Assistant United States Attorney, Florence, South
Carolina, for Appellee.


Unpublished opinions are not binding precedent in this circuit.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

               Keith Darnell Billings, a federal prisoner, seeks to

appeal the district court’s order denying relief on his motion

filed under 28 U.S.C. § 2255 (2000).               An appeal may not be taken

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 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 both 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 Billings 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 -

Source:  CourtListener

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