Filed: Jun. 01, 2011
Latest Update: Feb. 22, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-6248 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. MARC ANTHONY JEFFERS, Defendant - Appellant. Appeal from the United States District Court for the Western District of Virginia, at Harrisonburg. Glen E. Conrad, Chief District Judge. (5:04-cr-30042-gec-mfu-1; 5:10-cv-80293-gec- mfu) Submitted: May 26, 2011 Decided: June 1, 2011 Before KING, SHEDD, and DIAZ, Circuit Judges. Dismissed by unpublished per curiam opinion. M
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-6248 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. MARC ANTHONY JEFFERS, Defendant - Appellant. Appeal from the United States District Court for the Western District of Virginia, at Harrisonburg. Glen E. Conrad, Chief District Judge. (5:04-cr-30042-gec-mfu-1; 5:10-cv-80293-gec- mfu) Submitted: May 26, 2011 Decided: June 1, 2011 Before KING, SHEDD, and DIAZ, Circuit Judges. Dismissed by unpublished per curiam opinion. Ma..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-6248
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MARC ANTHONY JEFFERS,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of Virginia, at Harrisonburg. Glen E. Conrad, Chief
District Judge. (5:04-cr-30042-gec-mfu-1; 5:10-cv-80293-gec-
mfu)
Submitted: May 26, 2011 Decided: June 1, 2011
Before KING, SHEDD, and DIAZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Marc Anthony Jeffers, Appellant Pro Se. Ronald Mitchell Huber,
Jean Barrett Hudson, Assistant United States Attorneys,
Charlottesville, Virginia; Donald Ray Wolthuis, Assistant United
States Attorney, Roanoke, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Marc Anthony Jeffers seeks to appeal the district
court’s order denying relief on his 28 U.S.C.A. § 2255 (West
Supp. 2010) motion. The order is not appealable 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) (2006). When the
district court denies relief on the merits, a prisoner satisfies
this standard by demonstrating that reasonable jurists would
find that the district court’s assessment of the constitutional
claims is debatable or wrong. Slack v. McDaniel,
529 U.S. 473,
484 (2000); see Miller-El v. Cockrell,
537 U.S. 322, 336-38
(2003). When the district court denies relief on procedural
grounds, the prisoner must demonstrate both that the dispositive
procedural ruling is debatable, and that the motion states a
debatable claim of the denial of a constitutional right.
Slack,
529 U.S. at 484-85.
We have independently reviewed the record and conclude
that Jeffers 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
2
before the court and argument would not aid the decisional
process.
DISMISSED
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