United States v. Harmon

• Court: Court of Appeals for the Fourth Circuit
• Decided: August 5, 2003
• Docket: 02-7938
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 02-7938

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

MICHAEL TRACY HARMON,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Rebecca Beach Smith, District Judge. (CR-99-23, CA-00-537)

Submitted: July 11, 2003 Decided: August 5, 2003

Before LUTTIG and MOTZ, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Michael Tracy Harmon, Appellant Pro Se. Robert Joseph Seidel, Jr., Assistant United States Attorney, Norfolk, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Michael Tracy Harmon 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 Harmon has not

made the requisite showing. See Miller-El v. Cockrell, 537 U.S.

322 (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