Filed: Jun. 15, 2007
Latest Update: Feb. 12, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-8042 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus RUTHVEN YOUNG, Defendant - Appellant. No. 06-8056 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus DON ANTHONY GUERRA, Defendant - Appellant. No. 06-8058 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus ASHBERTH SHERRAN GUERRA, Defendant - Appellant. Appeals from the United States District Court for the District of South Carolina, at Charleston. Sol Bl
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-8042 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus RUTHVEN YOUNG, Defendant - Appellant. No. 06-8056 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus DON ANTHONY GUERRA, Defendant - Appellant. No. 06-8058 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus ASHBERTH SHERRAN GUERRA, Defendant - Appellant. Appeals from the United States District Court for the District of South Carolina, at Charleston. Sol Bla..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-8042
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
RUTHVEN YOUNG,
Defendant - Appellant.
No. 06-8056
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
DON ANTHONY GUERRA,
Defendant - Appellant.
No. 06-8058
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
ASHBERTH SHERRAN GUERRA,
Defendant - Appellant.
Appeals from the United States District Court for the District of
South Carolina, at Charleston. Sol Blatt, Jr., Senior District
Judge. (2:92-cr-00445; 2:03-cv-03128-SB; 2:06-cv-00522; 2:03-cv-
03082)
Submitted: April 4, 2007 Decided: June 15, 2007
Before WILLIAMS, GREGORY, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Ruthven Young, Don Anthony Guerra, Ashberth Sherran Guerra,
Appellants Pro Se. Carlton R. Bourne, Jr., Alston Calhoun Badger,
Jr., John Charles Duane, Bruce Howe Hendricks, Assistant United
States Attorneys, OFFICE OF THE UNITED STATES ATTORNEY, Charleston,
South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
In these consolidated cases, Ruthven Young, Don Anthony
Guerra, and Ashberth Sherran Guerra seek to appeal the district
court’s orders denying relief on their 28 U.S.C. § 2255 (2000)
motions and their motions for reconsideration. The orders are 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 the movants have not made the requisite
showing. Accordingly, we deny certificates of appealability and
dismiss the appeals. 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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