United States v. Howe

• Court: Court of Appeals for the Fourth Circuit
• Decided: June 11, 2003
• Docket: 03-6262
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 03-6262

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

COY HAZEL HOWE,

Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at Anderson. Margaret B. Seymour, District Judge. (CR-01-234, CA-01-3931)

Submitted: May 19, 2003 Decided: June 11, 2003

Before LUTTIG, TRAXLER, and GREGORY, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Coy Hazel Howe, Appellant Pro Se. Kevin Frank McDonald, OFFICE OF THE UNITED STATES ATTORNEY, Greenville, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Coy Hazel Howe 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 denying a motion

under § 2255 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 a 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 Howe has not

made the requisite showing. See Miller-El v. Cockrell, 123 S. Ct.

1029, 1039 (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