United States v. White , 101 F. App'x 936 ( 2004 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-6437
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
TERRENCE J. WHITE,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Leonie M. Brinkema, District
Judge. (CR-01-190; CA-03-732)
Submitted: June 24, 2004 Decided: July 2, 2004
Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Terrence J. White, Appellant Pro Se. S. David Schiller, Brian Lee
Whisler, Assistant United States Attorneys, Richmond, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Terrence J. White seeks to appeal the district court’s
order denying relief on his motion filed under 28 U.S.C. § 2255(2000). An appeal may not be taken from the final order in a
§ 2255 proceeding 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 for claims addressed by
the district court on the merits absent “a substantial showing of
the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2)
(2000). We have independently reviewed the record and conclude
that White has not made the requisite showing. See Miller-El v.
Cockrell, 537 U.S. 322, 336 (2003). 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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