Filed: Jun. 24, 2004
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-7820 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus JEFFREY DESHAE PRICE, Defendant - Appellant. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. William L. Osteen, District Judge. (CR-01-176; CR-01-177; CR-01-192; CA-03-123) Submitted: January 23, 2004 Decided: June 24, 2004 Before WIDENER, GREGORY, and DUNCAN, Circuit Judges. Dismissed by unpublished per curiam
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-7820 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus JEFFREY DESHAE PRICE, Defendant - Appellant. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. William L. Osteen, District Judge. (CR-01-176; CR-01-177; CR-01-192; CA-03-123) Submitted: January 23, 2004 Decided: June 24, 2004 Before WIDENER, GREGORY, and DUNCAN, Circuit Judges. Dismissed by unpublished per curiam ..
More
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-7820
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
JEFFREY DESHAE PRICE,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. William L. Osteen,
District Judge. (CR-01-176; CR-01-177; CR-01-192; CA-03-123)
Submitted: January 23, 2004 Decided: June 24, 2004
Before WIDENER, GREGORY, and DUNCAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Sue Ann Genrich Berry, BOWEN, BERRY & POWERS, Wilmington, North
Carolina, for Appellant. Clifton Thomas Barrett, Assistant United
States Attorney, Greensboro, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Jeffrey Deshae Price 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 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, 336-38 (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 Price has not made the requisite showing.
Accordingly, we deny Price’s motion for 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