US v. Dade, (4th Cir. 2004)

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UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 04-6225 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus

DAMON DADE, a/k/a Johnny, Defendant - Appellant. Appeal from the United States District Court for the Eastern

District of Virginia, at Alexandria. Albert V. Bryan, Jr., Senior

District Judge. (CR-99-425; CA-01-363)

Submitted: June 30, 2004 Decided: July 29, 2004

Before WIDENER, MICHAEL, and TRAXLER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Cheryl Johns Sturm, Chadds Ford, Pennsylvania, for Appellant.

William Edward Fitzpatrick, OFFICE OF THE UNITED STATES ATTORNEY,

Alexandria, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

- 2 - PER CURIAM: Damon Dade seeks to appeal the district court§ 2255 (2000).

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.§ 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, 336-38 (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 Dade 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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