Scribd Logo
Upload

Welcome to Scribd!

  • 10 views

    United States v. Washington, 4th Cir. (2007)

    Uploaded by

    Scribd Government Docs
    Robert Washington sought to appeal the district court's denial of his 28 U.S.C. § 2255 motion. The Fourth Circuit Court of Appeals dismissed the appeal, finding that Washington did not make the requisite showing to obtain a certificate of appealability. Specifically, he did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong, or that its procedural rulings were debatable. As such, the Fourth Circuit denied the certificate of appealability and dismissed the appeal without oral argument.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd

    United States v. Washington, 4th Cir. (2007)

    Uploaded by

    Scribd Government Docs
    10 views2 pages
    Robert Washington sought to appeal the district court's denial of his 28 U.S.C. § 2255 motion. The Fourth Circuit Court of Appeals dismissed the appeal, finding that Washington did not make the requisite showing to obtain a certificate of appealability. Specifically, he did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong, or that its procedural rulings were debatable. As such, the Fourth Circuit denied the certificate of appealability and dismissed the appeal without oral argument.

    Original Description:

    Filed: 2007-04-18 Precedential Status: Non-Precedential Docket: 07-6012

    Copyright

    © Public Domain

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Robert Washington sought to appeal the district court's denial of his 28 U.S.C. § 2255 motion. The Fourth Circuit Court of Appeals dismissed the appeal, finding that Washington did not make the requisite showing to obtain a certificate of appealability. Specifically, he did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong, or that its procedural rulings were debatable. As such, the Fourth Circuit denied the certificate of appealability and dismissed the appeal without oral argument.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    10 views2 pages

    United States v. Washington, 4th Cir. (2007)

    Uploaded by

    Scribd Government Docs
    Robert Washington sought to appeal the district court's denial of his 28 U.S.C. § 2255 motion. The Fourth Circuit Court of Appeals dismissed the appeal, finding that Washington did not make the requisite showing to obtain a certificate of appealability. Specifically, he did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong, or that its procedural rulings were debatable. As such, the Fourth Circuit denied the certificate of appealability and dismissed the appeal without oral argument.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 07-6012

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    ROBERT WASHINGTON,
    Defendant - Appellant.

    Appeal from the United States District Court for the District of
    Maryland, at Baltimore.
    J. Frederick Motz, District Judge.
    (1:02-cr-00027-JFM; 1:06-cv-01023-JFM)

    Submitted:

    March 23, 2007

    Decided:

    April 18, 2007

    Before NIEMEYER, TRAXLER, and KING, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Robert Washington, Appellant Pro Se. Michael Joseph Leotta, OFFICE


    OF THE UNITED STATES ATTORNEY, Baltimore, Maryland; Steven M.
    Dunne, Assistant United States Attorney, Greenbelt, Maryland, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Robert Washington seeks to appeal the district courts
    order denying relief on his 28 U.S.C. 2255 (2000) motion.

    The

    order is not appealable unless a circuit justice or judge issues a


    certificate of appealability.

    28 U.S.C. 2253(c)(1) (2000).

    certificate of appealability will not issue absent a substantial


    showing of the denial of a constitutional right.

    2253(c)(2)

    demonstrating

    (2000).
    that

    prisoner

    reasonable

    satisfies

    jurists

    would

    this

    28 U.S.C.
    standard

    find

    that

    by
    any

    assessment of the constitutional claims by the district court is


    debatable or wrong and that any dispositive procedural ruling by
    the district court is likewise debatable.

    Miller-El v. Cockrell,

    537 U.S. 322, 336-38 (2003); Slack v. McDaniel, 529 U.S. 473, 484
    (2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001).

    We have

    independently reviewed the record and conclude that Washington 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 the court and argument would not
    aid the decisional process.

    DISMISSED

    - 2 -

    You might also like