Filed: Jul. 31, 2014
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-6067 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ANTHONY LEE WAINWRIGHT, JR., a/k/a Youngin, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Newport News. Rebecca Beach Smith, Chief District Judge. (4:10-cr-00016-RBS-TEM-1; 4:13-cv-00125- RBS) Submitted: July 29, 2014 Decided: July 31, 2014 Before NIEMEYER, WYNN, and DIAZ, Circuit Judges. Dismissed by unpub
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-6067 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ANTHONY LEE WAINWRIGHT, JR., a/k/a Youngin, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Newport News. Rebecca Beach Smith, Chief District Judge. (4:10-cr-00016-RBS-TEM-1; 4:13-cv-00125- RBS) Submitted: July 29, 2014 Decided: July 31, 2014 Before NIEMEYER, WYNN, and DIAZ, Circuit Judges. Dismissed by unpubl..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-6067
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ANTHONY LEE WAINWRIGHT, JR., a/k/a Youngin,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Newport News. Rebecca Beach Smith,
Chief District Judge. (4:10-cr-00016-RBS-TEM-1; 4:13-cv-00125-
RBS)
Submitted: July 29, 2014 Decided: July 31, 2014
Before NIEMEYER, WYNN, and DIAZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Anthony Lee Wainwright, Jr., Appellant Pro Se. Lisa Rae McKeel,
Brian James Samuels, Howard Jacob Zlotnick, Assistant United
States Attorneys, Newport News, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Anthony Lee Wainwright, Jr. seeks to appeal the
district court’s orders denying relief on his 28 U.S.C. § 2255
(2012) motions. The orders are not appealable unless a circuit
justice or judge issues a certificate of appealability. 28
U.S.C. § 2253(c)(1)(B) (2012). 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) (2012). When the
district court denies relief on the merits, a prisoner satisfies
this standard by demonstrating that reasonable jurists would
find that the district court’s assessment of the constitutional
claims is debatable or wrong. Slack v. McDaniel,
529 U.S. 473,
484 (2000); see Miller-El v. Cockrell,
537 U.S. 322, 336-38
(2003). When the district court denies relief on procedural
grounds, the prisoner must demonstrate both that the dispositive
procedural ruling is debatable, and that the motion states a
debatable claim of the denial of a constitutional right.
Slack,
529 U.S. at 484-85.
We have independently reviewed the record and conclude
that Wainwright 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
2
before this court and argument would not aid the decisional
process.
DISMISSED
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