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United States v. Norman Willis, 16-7613 (2017)

Court: Court of Appeals for the Fourth Circuit Number: 16-7613 Visitors: 40
Filed: Mar. 17, 2017
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-7613 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. NORMAN RAY WILLIS, a/k/a Pizza Man, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. T.S. Ellis, III, Senior District Judge. (1:98-cr-00015-TSE-1; 1:16-cv-00815-TSE) Submitted: March 14, 2017 Decided: March 17, 2017 Before FLOYD and HARRIS, Circuit Judges, and DAVIS, Senior Circuit Judge. Dismissed
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                              UNPUBLISHED

                  UNITED STATES COURT OF APPEALS
                      FOR THE FOURTH CIRCUIT


                              No. 16-7613


UNITED STATES OF AMERICA,

                Plaintiff - Appellee,

          v.

NORMAN RAY WILLIS, a/k/a Pizza Man,

                Defendant - Appellant.



Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria.    T.S. Ellis, III, Senior
District Judge. (1:98-cr-00015-TSE-1; 1:16-cv-00815-TSE)


Submitted:   March 14, 2017                 Decided:   March 17, 2017


Before FLOYD and HARRIS, Circuit Judges, and DAVIS, Senior Circuit
Judge.


Dismissed by unpublished per curiam opinion.


Nicholas John Xenakis, OFFICE OF THE FEDERAL PUBLIC DEFENDER,
Alexandria, Virginia, for Appellant.    Michael Edward Rich,
Assistant United States Attorney, Alexandria, Virginia, for
Appellee.


Unpublished opinions are not binding precedent in this circuit.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

     Norman Ray Willis seeks to appeal the district court’s order

denying relief on his 28 U.S.C. § 2255 (2012) motion.            The order

is 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

Willis 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   this   court   and

argument would not aid the decisional process.

                                                                 DISMISSED

                                      2

Source:  CourtListener

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