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United States v. Benjamin, 07-6387 (2007)

Court: Court of Appeals for the Fourth Circuit Number: 07-6387 Visitors: 14
Filed: Jun. 22, 2007
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-6387 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus TREVOR PLACIDO BENJAMIN, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Greenbelt. Deborah K. Chasanow, District Judge. (8:96-cr-00217-DKC; 8:07-cv-00148-DKC) Submitted: June 15, 2007 Decided: June 22, 2007 Before WIDENER, MICHAEL, and KING, Circuit Judges. Dismissed by unpublished per curiam opinion. Trevor Pla
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                            UNPUBLISHED

                   UNITED STATES COURT OF APPEALS
                       FOR THE FOURTH CIRCUIT


                            No. 07-6387



UNITED STATES OF AMERICA,

                                               Plaintiff - Appellee,

          versus


TREVOR PLACIDO BENJAMIN,

                                            Defendant - Appellant.


Appeal from the United States District Court for the District of
Maryland, at Greenbelt.    Deborah K. Chasanow, District Judge.
(8:96-cr-00217-DKC; 8:07-cv-00148-DKC)


Submitted: June 15, 2007                    Decided:   June 22, 2007


Before WIDENER, MICHAEL, and KING, Circuit Judges.


Dismissed by unpublished per curiam opinion.


Trevor Placido Benjamin, Appellant Pro Se. Chan Park, OFFICE OF THE
UNITED STATES ATTORNEY, Greenbelt, Maryland, for Appellee.


Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:

          Trevor Placido Benjamin 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 Benjamin 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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