United States v. Graham , 220 F. App'x 198 ( 2007 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 06-7464
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    versus
    CHARLES FRANCIS GRAHAM,
    Defendant - Appellant.
    Appeal from the United States District Court for the Western
    District of North Carolina, at Charlotte. Richard L. Voorhees,
    District Judge. (3:00-cr-00134, 3:03-cv-00502)
    Submitted:   February 22, 2007            Decided:   March 1, 2007
    Before WILLIAMS, MOTZ, and SHEDD, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Charles Francis Graham, Appellant Pro Se. Gretchen C. F. Shappert,
    United States Attorney, Charlotte, North Carolina, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Charles Francis Graham 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 Graham 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: 06-7464

Citation Numbers: 220 F. App'x 198

Judges: Motz, Per Curiam, Shedd, Williams

Filed Date: 3/1/2007

Precedential Status: Non-Precedential

Modified Date: 8/7/2023