United States v. Amir Khayyat

Opinion

USCA4 Appeal: 25-6446 Doc: 11 Filed: 11/04/2025 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 25-6446

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

AMIR SALVATORE KHAYYAT,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Kenneth D. Bell, District Judge. (3:20-cr-00371-KDB-DCK-1, 3:25-cv-00157- KDB)

Submitted: October 30, 2025 Decided: November 4, 2025

Before RUSHING and BENJAMIN, Circuit Judges, and KEENAN, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Amir Salvatore Khayyat, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 25-6446 Doc: 11 Filed: 11/04/2025 Pg: 2 of 2

PER CURIAM:

Amir Salvatore Khayyat seeks to appeal the district court’s order dismissing as

untimely his 28 U.S.C. § 2255 motion. See Whiteside v. United States, 775 F.3d 180,

182-83 (4th Cir. 2014) (en banc) (explaining that § 2255 motions are subject to one-year

statute of limitations, running from latest of four commencement dates enumerated in 28

U.S.C. § 2255(f)). The order is not appealable unless a circuit justice or judge issues a

certificate of appealability. 28 U.S.C. § 2253(c)(1)(B). 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). When, as here, the district court denies relief on procedural grounds, the

prisoner must demonstrate both that the dispositive procedural ruling is debatable and that

the petition states a debatable claim of the denial of a constitutional right. Gonzalez v.

Thaler, 565 U.S. 134, 140-41 (2012) (citing Slack v. McDaniel, 529 U.S. 473, 484 (2000)).

We have independently reviewed the record and conclude that Khayyat 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 this court and argument would not aid the

decisional process.

DISMISSED