United States v. Hinawi , 271 F. App'x 330 ( 2008 )


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  •                               UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 08-6149
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    v.
    BURHAN MAHMOD HINAWI,
    Defendant - Appellant.
    Appeal from the United States District Court for the Eastern
    District of Virginia, at Alexandria.   Claude M. Hilton, Senior
    District Judge. (1:05-cr-00361-CMH-1; 1:07-cv-00163-CMH)
    Submitted:   March 25, 2008                 Decided:   March 31, 2008
    Before MOTZ, KING, and GREGORY, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Burhan Mahmod Hinawi, Appellant Pro Se. Gerald J. Smagala, OFFICE
    OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Burhan Mahmod Hinawi seeks to appeal the district court’s
    order denying relief on his 
    28 U.S.C. § 2255
     (2000) motion.                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.”                 
    28 U.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 Hinawi 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
    - 2 -
    

Document Info

Docket Number: 08-6149

Citation Numbers: 271 F. App'x 330

Judges: Gregory, King, Motz, Per Curiam

Filed Date: 3/31/2008

Precedential Status: Non-Precedential

Modified Date: 8/7/2023