Filed: Jul. 15, 2010
Latest Update: Feb. 21, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-5007 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. SHEFUN GUY THOMPSON, JR., a/k/a 40, Defendant – Appellant. No. 09-8000 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. SHEFUN GUY THOMPSON, JR., a/k/a 40, Defendant – Appellant. Appeals from the United States District Court for the Eastern District of Virginia, at Alexandria. Leonie M. Brinkema, District Judge. (1:08-cr-00190-LMB-1; 1:09-cv-00439-LMB) Submitted: Jun
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-5007 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. SHEFUN GUY THOMPSON, JR., a/k/a 40, Defendant – Appellant. No. 09-8000 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. SHEFUN GUY THOMPSON, JR., a/k/a 40, Defendant – Appellant. Appeals from the United States District Court for the Eastern District of Virginia, at Alexandria. Leonie M. Brinkema, District Judge. (1:08-cr-00190-LMB-1; 1:09-cv-00439-LMB) Submitted: June..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-5007
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
SHEFUN GUY THOMPSON, JR., a/k/a 40,
Defendant – Appellant.
No. 09-8000
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
SHEFUN GUY THOMPSON, JR., a/k/a 40,
Defendant – Appellant.
Appeals from the United States District Court for the Eastern
District of Virginia, at Alexandria. Leonie M. Brinkema,
District Judge. (1:08-cr-00190-LMB-1; 1:09-cv-00439-LMB)
Submitted: June 29, 2010 Decided: July 15, 2010
Before GREGORY and SHEDD, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Frank G. Aschmann, ASCHMANN & ASCHMANN, Alexandria, Virginia,
for Appellant. Justin Gelfand, Gabriel Trevino, Michelle C.
Brice, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria,
Virginia, Stephen Andrew Sola, Special Assistant United States
Attorney, Alexandria, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
In case No. 09-5007, Shefun Guy Thompson, Jr., appeals
his conviction for conspiracy to distribute five or more
kilograms of cocaine in violation of 21 U.S.C. §§ 841(a)(1), 846
(2006). See United States v. Thompson, No. 1:08-cr-00190-LMB-1
(E.D. Va.). In case No. 09-8000, Thompson appeals the district
court’s ruling on his 28 U.S.C. § 2255 (West Supp. 2009) motion.
See United States v. Thompson, No. 1:09-cv-00439-LMB (E.D. Va.).
In 09-5007, the Government has filed a motion to
dismiss Thompson’s direct appeal based on the language of an
appellate waiver clause in his plea agreement. After careful
consideration, we grant the Government’s motion and dismiss
Thompson’s direct appeal.
As for Thompson’s appeal in 09-8000, in a § 2255
proceeding, a movant cannot appeal unless a circuit justice or
judge issues a certificate of appealability. 28 U.S.C.
§ 2253(c)(1) (2006). 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). 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. See Miller-El v. Cockrell,
537 U.S. 322, 336 (2003);
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Slack v. McDaniel,
529 U.S. 473, 484-85 (2000); Rose v. Lee,
252 F.3d 676, 683 (4th Cir. 2001). We have independently
reviewed the record and conclude that Thompson has not made the
requisite showing. Accordingly, we deny a certificate of
appealabilty and dismiss the appeal.
We dispense with oral argument in both appeals 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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