United States v. Richard Champion

Opinion

USCA4 Appeal: 22-6529 Doc: 14 Filed: 08/31/2023 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22-6529

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

RICHARD ARLEE CHAMPION,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of North Carolina, at Asheville. Martin K. Reidinger, Chief District Judge. (1:17-cr-00046-MR-WCM-5; 1:21- cv-00018-MR)

Submitted: August 29, 2023 Decided: August 31, 2023

Before KING, AGEE, and BENJAMIN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Richard Arlee Champion, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 22-6529 Doc: 14 Filed: 08/31/2023 Pg: 2 of 2

PER CURIAM:

Richard Arlee Champion seeks to appeal the district court’s order dismissing as

untimely his amended 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. See 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 motion 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 Champion 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