Filed: Jun. 19, 2007
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-7363 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus FITZROY GUNTER, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Greenbelt. Richard D. Bennett, District Judge. (8:01-cr-00514-RDB; 8:05-cv-02136-RBD) Submitted: June 15, 2007 Decided: June 19, 2007 Before WIDENER, MICHAEL, and KING, Circuit Judges. Dismissed by unpublished per curiam opinion. Fitzroy Gunter, Appe
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-7363 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus FITZROY GUNTER, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Greenbelt. Richard D. Bennett, District Judge. (8:01-cr-00514-RDB; 8:05-cv-02136-RBD) Submitted: June 15, 2007 Decided: June 19, 2007 Before WIDENER, MICHAEL, and KING, Circuit Judges. Dismissed by unpublished per curiam opinion. Fitzroy Gunter, Appel..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-7363
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
FITZROY GUNTER,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Richard D. Bennett, District Judge.
(8:01-cr-00514-RDB; 8:05-cv-02136-RBD)
Submitted: June 15, 2007 Decided: June 19, 2007
Before WIDENER, MICHAEL, and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Fitzroy Gunter, Appellant Pro Se. Barbara Suzanne Skalla, Assistant
United States Attorney, Greenbelt, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Fitzroy Gunter seeks to appeal the district court’s order
denying relief on 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 any
assessment of the constitutional claims by the district court is
debatable or wrong and that any dispositive procedural ruling by
the district court is likewise debatable. 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, 683-84 (4th Cir. 2001). We have
independently reviewed the record and conclude Gunter 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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