Filed: Nov. 18, 2003
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-7125 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus SHONE EDWARD WILKES, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Richard L. Voorhees, District Judge. (CR-01-31, CA-02-382) Submitted: November 6, 2003 Decided: November 18, 2003 Before WIDENER, MICHAEL, and TRAXLER, Circuit Judges. Dismissed by unpublished per curiam opinion. Shone E
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-7125 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus SHONE EDWARD WILKES, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Richard L. Voorhees, District Judge. (CR-01-31, CA-02-382) Submitted: November 6, 2003 Decided: November 18, 2003 Before WIDENER, MICHAEL, and TRAXLER, Circuit Judges. Dismissed by unpublished per curiam opinion. Shone Ed..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-7125
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
SHONE EDWARD WILKES,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Richard L. Voorhees,
District Judge. (CR-01-31, CA-02-382)
Submitted: November 6, 2003 Decided: November 18, 2003
Before WIDENER, MICHAEL, and TRAXLER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Shone Edward Wilkes, Appellant Pro Se. Gretchen C.F. Shappert,
Assistant United States Attorney, Charlotte, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Shone Edwards Wilkes seeks to appeal the district court’s
order denying relief on his motion filed under 28 U.S.C. § 2255
(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 his
constitutional claims are debatable and that any dispositive
procedural rulings by the district court are also debatable or
wrong. See Miller-El v. Cockrell,
537 U.S. 322, ,
123 S. Ct.
1029, 1040 (2003); Slack v. McDaniel,
529 U.S. 473, 484 (2000);
Rose v. Lee,
252 F.3d 676, 683 (4th Cir. 2001). We have
independently reviewed the record and conclude that Wilkes 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