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United States v. Williams, 04-6975 (2004)

Court: Court of Appeals for the Fourth Circuit Number: 04-6975 Visitors: 13
Filed: Oct. 14, 2004
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-6975 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus SHON CONNER WILLIAMS, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Rock Hill. Cameron McGowan Currie, District Judge. (CR-99-659; CA-02-4012-0-22) Submitted: October 7, 2004 Decided: October 14, 2004 Before WIDENER, NIEMEYER, and WILLIAMS, Circuit Judges. Dismissed by unpublished per curiam opinion. Shon
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                               UNPUBLISHED

                   UNITED STATES COURT OF APPEALS
                       FOR THE FOURTH CIRCUIT


                               No. 04-6975



UNITED STATES OF AMERICA,

                                                  Plaintiff - Appellee,

          versus


SHON CONNER WILLIAMS,

                                                 Defendant - Appellant.


Appeal from the United States District Court for the District of
South Carolina, at Rock Hill. Cameron McGowan Currie, District
Judge. (CR-99-659; CA-02-4012-0-22)


Submitted:   October 7, 2004                 Decided:   October 14, 2004


Before WIDENER, NIEMEYER, and WILLIAMS, Circuit Judges.


Dismissed by unpublished per curiam opinion.


Shon Conner Williams, Appellant Pro Se. Marshall Prince, OFFICE OF
THE UNITED STATES ATTORNEY, Columbia, South Carolina, for Appellee.


Unpublished opinions are not binding precedent in this circuit.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

            Shon Conner Williams, a federal prisoner, seeks to appeal

the district court’s order denying relief on his motion 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
, 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 Williams has not made the requisite

showing.    Accordingly, we deny his 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




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Source:  CourtListener

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