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United States v. Rochester, 03-7738 (2004)

Court: Court of Appeals for the Fourth Circuit Number: 03-7738 Visitors: 33
Filed: Mar. 03, 2004
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-7738 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus JULIAN EDWARD ROCHESTER, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Charleston. Henry M. Herlong, Jr., District Judge. (CA-03-1736) Submitted: February 13, 2004 Decided: March 3, 2004 Before NIEMEYER, SHEDD, and DUNCAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Julian Edward Rocheste
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                            UNPUBLISHED

                   UNITED STATES COURT OF APPEALS
                       FOR THE FOURTH CIRCUIT


                            No. 03-7738



UNITED STATES OF AMERICA,

                                               Plaintiff - Appellee,

          versus


JULIAN EDWARD ROCHESTER,

                                              Defendant - Appellant.


Appeal from the United States District Court for the District of
South Carolina, at Charleston. Henry M. Herlong, Jr., District
Judge. (CA-03-1736)


Submitted:   February 13, 2004               Decided:   March 3, 2004


Before NIEMEYER, SHEDD, and DUNCAN, Circuit Judges.


Dismissed by unpublished per curiam opinion.


Julian Edward Rochester, Appellant Pro Se.


Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:

            Julian Edward Rochester seeks to appeal the district

court’s order denying relief on his motion filed under 28 U.S.C.

§ 2255 (2000).     An appeal may not be taken from the final order in

a § 2255 proceeding 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 for claims addressed by

a district court 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    both   that   the   district    court’s      assessment    of   his

constitutional      claims     is   debatable       or    wrong   and   that    any

dispositive procedural rulings by the district court are also

debatable or wrong.       See Miller-El v. Cockrell, 
537 U.S. 322
, 337-

38 (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 Rochester 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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