Filed: Mar. 24, 2005
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-7425 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus DARNELL MICHAEL JONES, a/k/a Mookie, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Baltimore. William M. Nickerson, Senior District Judge. (CR-96-458; CA-96-458-WMN) Submitted: February 23, 2005 Decided: March 24, 2005 Before NIEMEYER, LUTTIG, and KING, Circuit Judges. Dismissed by unpublished per curiam opinio
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-7425 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus DARNELL MICHAEL JONES, a/k/a Mookie, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Baltimore. William M. Nickerson, Senior District Judge. (CR-96-458; CA-96-458-WMN) Submitted: February 23, 2005 Decided: March 24, 2005 Before NIEMEYER, LUTTIG, and KING, Circuit Judges. Dismissed by unpublished per curiam opinion..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-7425
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
DARNELL MICHAEL JONES, a/k/a Mookie,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. William M. Nickerson, Senior District
Judge. (CR-96-458; CA-96-458-WMN)
Submitted: February 23, 2005 Decided: March 24, 2005
Before NIEMEYER, LUTTIG, and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Darnell Michael Jones, Appellant Pro Se. Jamie M. Bennett,
Assistant United States Attorney, Baltimore, Maryland, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Darnell Michael Jones, a federal prisoner, seeks to
appeal the district court’s order dismissing 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, 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 Jones 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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