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United States v. Conard, 04-7461 (2005)

Court: Court of Appeals for the Fourth Circuit Number: 04-7461 Visitors: 15
Filed: Jan. 20, 2005
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-7461 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus BILL WINFIELD CONARD, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Greenville. G. Ross Anderson, Jr., District Judge. (CR-01-286; CA-04-1462-6) Submitted: January 13, 2005 Decided: January 20, 2005 Before WIDENER, NIEMEYER, and GREGORY, Circuit Judges. Dismissed by unpublished per curiam opinion. Bill Wi
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                               UNPUBLISHED

                      UNITED STATES COURT OF APPEALS
                          FOR THE FOURTH CIRCUIT


                               No. 04-7461



UNITED STATES OF AMERICA,

                                                  Plaintiff - Appellee,

             versus


BILL WINFIELD CONARD,

                                                 Defendant - Appellant.



Appeal from the United States District Court for the District of
South Carolina, at Greenville. G. Ross Anderson, Jr., District
Judge. (CR-01-286; CA-04-1462-6)


Submitted:    January 13, 2005               Decided:   January 20, 2005


Before WIDENER, NIEMEYER, and GREGORY, Circuit Judges.


Dismissed by unpublished per curiam opinion.


Bill Winfield Conard, Appellant Pro Se. Elizabeth Jean Howard,
OFFICE OF THE UNITED STATES ATTORNEY, Greenville, South Carolina,
for Appellee.


Unpublished opinions are not binding precedent in this circuit.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

            Bill Winfield Conard seeks to appeal the district court’s

order dismissing his motion filed under 28 U.S.C. § 2255 (2000) on

the grounds that it was filed beyond the one-year limit for such

actions.    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
, 336-38 (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 Conard 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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