Filed: Jun. 23, 2014
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-6097 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. HINTON HUFF, JR., Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Henry Coke Morgan, Jr., Senior District Judge. (2:08-cr-00225-HCM-FBS-1; 2:11-cv-00459- HCM) Submitted: June 19, 2014 Decided: June 23, 2014 Before NIEMEYER, MOTZ, and KEENAN, Circuit Judges. Dismissed by unpublished per curiam opinion
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-6097 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. HINTON HUFF, JR., Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Henry Coke Morgan, Jr., Senior District Judge. (2:08-cr-00225-HCM-FBS-1; 2:11-cv-00459- HCM) Submitted: June 19, 2014 Decided: June 23, 2014 Before NIEMEYER, MOTZ, and KEENAN, Circuit Judges. Dismissed by unpublished per curiam opinion...
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-6097
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
HINTON HUFF, JR.,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Henry Coke Morgan, Jr.,
Senior District Judge. (2:08-cr-00225-HCM-FBS-1; 2:11-cv-00459-
HCM)
Submitted: June 19, 2014 Decided: June 23, 2014
Before NIEMEYER, MOTZ, and KEENAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Paul Granville Watson, PAUL G. WATSON IV, PC, Eastville,
Virginia, for Appellant. Joseph Evan DePadilla, Alan Mark
Salsbury, Assistant United States Attorneys, Norfolk, Virginia,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Hinton Huff, Jr., seeks to appeal the district court’s
order denying relief on his 28 U.S.C. § 2255 (2012) motion. The
order is not appealable unless a circuit justice or judge issues
a certificate of appealability. 28 U.S.C. § 2253(c)(1)(B)
(2012). 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) (2012). 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 Huff has not made the requisite showing. Accordingly, we
deny a certificate of appealability, deny Huff’s motion for the
appointment of counsel, and dismiss the appeal. We dispense
with oral argument because the facts and legal contentions are
2
adequately presented in the materials before this court and
argument would not aid the decisional process.
DISMISSED
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