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United States v. Moseley, 06-6869 (2007)

Court: Court of Appeals for the Fourth Circuit Number: 06-6869 Visitors: 31
Filed: May 01, 2007
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-6869 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus CHARLES LOVELL MOSELEY, a/k/a Cheeks, a/k/a Charles Bimis, a/k/a Charles Cheeks, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Jerome B. Friedman, District Judge. (2:99-cr-00094-JBF; 2:06-cv-00005-JBF) Submitted: April 26, 2007 Decided: May 1, 2007 Before WILLIAMS, MICHAEL, and SHEDD, Circuit J
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                            UNPUBLISHED

                   UNITED STATES COURT OF APPEALS
                       FOR THE FOURTH CIRCUIT


                            No. 06-6869



UNITED STATES OF AMERICA,

                                               Plaintiff - Appellee,

          versus


CHARLES LOVELL MOSELEY, a/k/a Cheeks, a/k/a
Charles Bimis, a/k/a Charles Cheeks,

                                            Defendant - Appellant.


Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Jerome B. Friedman, District
Judge. (2:99-cr-00094-JBF; 2:06-cv-00005-JBF)


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


Before WILLIAMS, MICHAEL, and SHEDD, Circuit Judges.


Dismissed by unpublished per curiam opinion.


Charles Lovell Moseley, Appellant Pro Se.


Unpublished opinions are not binding precedent in this circuit.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

            Charles Lovell Moseley seeks to appeal the district

court’s order denying as successive his 28 U.S.C. § 2255 (2000)

motion.    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 Moseley 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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