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United States v. Al-Muwwakkil, 04-6666 (2004)

Court: Court of Appeals for the Fourth Circuit Number: 04-6666 Visitors: 15
Filed: Jul. 22, 2004
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-6666 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus AKEEM LABEEB AL-MUWWAKKIL, a/k/a Willie Moore, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Newport News. Robert G. Doumar, Senior District Judge. (CR-01-92; CA-03-150-4) Submitted: July 15, 2004 Decided: July 22, 2004 Before MOTZ, KING, and GREGORY, Circuit Judges. Dismissed by unpublished per curiam
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                             UNPUBLISHED

                   UNITED STATES COURT OF APPEALS
                       FOR THE FOURTH CIRCUIT


                             No. 04-6666



UNITED STATES OF AMERICA,

                                               Plaintiff - Appellee,

          versus


AKEEM LABEEB AL-MUWWAKKIL, a/k/a Willie Moore,

                                            Defendant - Appellant.


Appeal from the United States District Court for the Eastern
District of Virginia, at Newport News. Robert G. Doumar, Senior
District Judge. (CR-01-92; CA-03-150-4)


Submitted:   July 15, 2004                 Decided:   July 22, 2004


Before MOTZ, KING, and GREGORY, Circuit Judges.


Dismissed by unpublished per curiam opinion.


Akeem Labeeb Al-Muwwakkil, Appellant Pro Se.


Unpublished opinions are not binding precedent in this circuit.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

               Akeem Labeeb Al-Muwwakkil seeks to appeal the district

court’s order denying his 28 U.S.C. § 2255 (2000) motion.                             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
, 336 (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 Al-Muwwakkil 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




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Source:  CourtListener

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