Filed: Jun. 28, 2018
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-6156 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. WILLIAM HOWARD ONEIL, JR., a/k/a William Howard O’Neil, Jr., Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Asheville. Martin K. Reidinger, District Judge. (1:07-cr-00088-MR-1; 1:16-cv- 00207-MR) Submitted: June 21, 2018 Decided: June 28, 2018 Before MOTZ, DUNCAN, and KEENAN, Circuit Judges. Dismissed
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-6156 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. WILLIAM HOWARD ONEIL, JR., a/k/a William Howard O’Neil, Jr., Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Asheville. Martin K. Reidinger, District Judge. (1:07-cr-00088-MR-1; 1:16-cv- 00207-MR) Submitted: June 21, 2018 Decided: June 28, 2018 Before MOTZ, DUNCAN, and KEENAN, Circuit Judges. Dismissed b..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 18-6156
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
WILLIAM HOWARD ONEIL, JR., a/k/a William Howard O’Neil, Jr.,
Defendant - Appellant.
Appeal from the United States District Court for the Western District of North Carolina,
at Asheville. Martin K. Reidinger, District Judge. (1:07-cr-00088-MR-1; 1:16-cv-
00207-MR)
Submitted: June 21, 2018 Decided: June 28, 2018
Before MOTZ, DUNCAN, and KEENAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
William Howard Oneil, Jr., Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
William Howard Oneil, 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 Oneil 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 this court and argument would not aid the
decisional process.
DISMISSED
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