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United States v. Russell, 06-7724 (2007)

Court: Court of Appeals for the Fourth Circuit Number: 06-7724 Visitors: 30
Filed: May 01, 2007
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-7724 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus TERRENCE RENARD RUSSELL, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Henry Coke Morgan, Jr., Senior District Judge. (1:97-cr-00382) Submitted: April 26, 2007 Decided: May 1, 2007 Before WILLIAMS, MICHAEL, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam opinion. Terrence Rena
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                            UNPUBLISHED

                   UNITED STATES COURT OF APPEALS
                       FOR THE FOURTH CIRCUIT


                            No. 06-7724



UNITED STATES OF AMERICA,

                                               Plaintiff - Appellee,

          versus


TERRENCE RENARD RUSSELL,

                                            Defendant - Appellant.



Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria.   Henry Coke Morgan, Jr.,
Senior District Judge. (1:97-cr-00382)


Submitted: April 26, 2007                        Decided: May 1, 2007


Before WILLIAMS, MICHAEL, and SHEDD, Circuit Judges.


Dismissed by unpublished per curiam opinion.


Terrence Renard Russell, Appellant Pro Se. James L. Trump, OFFICE
OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee.


Unpublished opinions are not binding precedent in this circuit.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

              Terrence Renard Russell seeks to appeal the district

court’s order dismissing his 28 U.S.C. § 2255 (2000) motion as a

successive motion for which authorization had not been granted.

See 28 U.S.C. § 2244 (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 any assessment of the constitutional claims by the

district court is debatable or wrong and that any dispositive

procedural ruling by the district court is likewise debatable.

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-

84 (4th Cir. 2001).      We have independently reviewed the record and

conclude      that   Russell    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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