United States v. Wyand

• Court: Court of Appeals for the Fourth Circuit
• Decided: September 24, 2003
• Docket: 03-6806
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 03-6806

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

MATTHEW C. WYAND,

Defendant - Appellant.

Appeal from the United States District Court for the Northern District of West Virginia, at Martinsburg. W. Craig Broadwater, District Judge. (CR-99-2, CA-01-65-3)

Submitted: September 11, 2003 Decided: September 24, 2003

Before WIDENER, LUTTIG, and TRAXLER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Matthew C. Wyand, Appellant Pro Se. Thomas Oliver Mucklow, Assistant United States Attorney, Martinsburg, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Matthew C. Wyand 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 Wyand 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