US v. Deleston, (4th Cir. 2006)
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-7290
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
DWAYNE DELESTON,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Charleston. David C. Norton, District Judge.
(2:99-cr-00751-DCN-6; 2:02-cv-03895-DCN)
Submitted: October 31, 2006 Decided: November 8, 2006
Before WILLIAMS, MICHAEL, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Dwayne Deleston, Appellant Pro Se. John Charles Duane, Assistant
United States Attorney, Charleston, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM: Dwayne Deleston seeks to appeal the district court's order denying his motion to reconsider the denial of relief on his 28U.S.C. § 2255 (2000) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability.
28U.S.C. § 2253(c)(1) (2000); Reid v. Angelone, 369 F.3d 363, 369 (4th Cir. 2004). A certificate of appealability will not issue absent "a substantial showing of the denial of a constitutional right." 28U.S.C. § 2253(c)(2) (2000). 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. 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, 683-84 (4th Cir. 2001). We have independently reviewed the record and conclude that Deleston 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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This document cites
- U.S. Court of Appeals for the Fourth Circuit - Juanita Pope Reid, Petitioner-Appellant, v. Ronald J. Angelone, Director, Respondent-Appellee., 369 F.3d 363 (4th Cir. 2004)
- U.S. Supreme Court - Miller-El v. Cockrell, 537 U.S. 322 (2003)
- U.S. Supreme Court - Slack v. McDaniel, 529 U.S. 473 (2000)
- U.S. Court of Appeals for the Fourth Circuit - John Hardy Rose, Petitioner-Appellant, v. R. C. Lee, Warden, Central Prison, Raleigh, North Carolina, Respondent-Appellee. John Hardy Rose, Petitioner-Appellee, v. R. C. Lee, Warden, Central Prison, Raleigh, North Carolina, Respondent-Appellant.
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