Filed: Sep. 20, 2007
Latest Update: Feb. 12, 2020
Summary: Filed: September 20, 2007 UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-6794 (2:06-cr-00979-DCN; 3:05-cv-02723-MBS) UNITED STATES OF AMERICA, Plaintiff - Appellee, versus SHAWN SIMMONS, Defendant - Appellant. O R D E R The court amends its opinion filed September 17, 2007, as follows: On the cover sheet, in the caption and in the attorney data section, and on page 2, line l of text, the appellant’s name is corrected to read “Shawn Simmons.” For the Court - By Direction /s/ Patrici
Summary: Filed: September 20, 2007 UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-6794 (2:06-cr-00979-DCN; 3:05-cv-02723-MBS) UNITED STATES OF AMERICA, Plaintiff - Appellee, versus SHAWN SIMMONS, Defendant - Appellant. O R D E R The court amends its opinion filed September 17, 2007, as follows: On the cover sheet, in the caption and in the attorney data section, and on page 2, line l of text, the appellant’s name is corrected to read “Shawn Simmons.” For the Court - By Direction /s/ Patricia..
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Filed: September 20, 2007
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-6794
(2:06-cr-00979-DCN; 3:05-cv-02723-MBS)
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
SHAWN SIMMONS,
Defendant - Appellant.
O R D E R
The court amends its opinion filed September 17, 2007, as
follows:
On the cover sheet, in the caption and in the attorney data
section, and on page 2, line l of text, the appellant’s name is
corrected to read “Shawn Simmons.”
For the Court - By Direction
/s/ Patricia S. Connor
Clerk
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-6794
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
SHAWN SIMMONS,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Columbia. Margaret B. Seymour, District Judge.
(2:06-cr-00979-DCN; 3:05-cv-02723-MBS)
Submitted: September 11, 2007 Decided: September 17, 2007
Before WILKINSON, MOTZ, and TRAXLER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Shawn Simmons, Appellant Pro Se. Leesa Washington, OFFICE OF THE
UNITED STATES ATTORNEY, Greenville, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Shawn Simmons 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 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 Simmons 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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