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    United States v. Donnie Sheffield, 4th Cir. (2013)

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    This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit regarding Donnie Wayne Sheffield's appeal of the district court's denial of his 28 U.S.C. § 2255 motion. The three-judge panel dismissed Sheffield's appeal, finding that he did not make the requisite showing to obtain a certificate of appealability that reasonable jurists would find the district court's denial of his constitutional claims debatable or wrong. The panel also denied Sheffield's motions for production of a transcript, expansion of the record, and judicial notice.

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    United States v. Donnie Sheffield, 4th Cir. (2013)

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    This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit regarding Donnie Wayne Sheffield's appeal of the district court's denial of his 28 U.S.C. § 2255 motion. The three-judge panel dismissed Sheffield's appeal, finding that he did not make the requisite showing to obtain a certificate of appealability that reasonable jurists would find the district court's denial of his constitutional claims debatable or wrong. The panel also denied Sheffield's motions for production of a transcript, expansion of the record, and judicial notice.

    Original Description:

    Filed: 2013-03-22 Precedential Status: Non-Precedential Docket: 12-7844

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    This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit regarding Donnie Wayne Sheffield's appeal of the district court's denial of his 28 U.S.C. § 2255 motion. The three-judge panel dismissed Sheffield's appeal, finding that he did not make the requisite showing to obtain a certificate of appealability that reasonable jurists would find the district court's denial of his constitutional claims debatable or wrong. The panel also denied Sheffield's motions for production of a transcript, expansion of the record, and judicial notice.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    10 views3 pages

    United States v. Donnie Sheffield, 4th Cir. (2013)

    Uploaded by

    Scribd Government Docs
    This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit regarding Donnie Wayne Sheffield's appeal of the district court's denial of his 28 U.S.C. § 2255 motion. The three-judge panel dismissed Sheffield's appeal, finding that he did not make the requisite showing to obtain a certificate of appealability that reasonable jurists would find the district court's denial of his constitutional claims debatable or wrong. The panel also denied Sheffield's motions for production of a transcript, expansion of the record, and judicial notice.

    Copyright:

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 12-7844

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    DONNIE WAYNE SHEFFIELD,
    Defendant - Appellant.

    Appeal from the United States District Court for the District of
    South Carolina, at Florence.
    Terry L. Wooten, District Judge.
    (4:07-cr-00769-TLW-1; 4:11-cv-03247-TLW)

    Submitted:

    January 16, 2013

    Decided:

    March 22, 2013

    Before DUNCAN, DAVIS, and KEENAN, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Donnie Wayne Sheffield, Appellant Pro Se.


    Carrie Fisher
    Sherard, Assistant United States Attorney, Greenville, South
    Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Donnie Wayne Sheffield seeks to appeal the district
    courts order denying relief on his 28 U.S.C.A. 2255 (West
    Supp.

    2012)

    motion.

    The

    order

    is

    not

    appealable

    unless

    circuit justice or judge issues a certificate of appealability.


    28

    U.S.C.

    2253(c)(1)(B)

    (2006).

    certificate

    of

    appealability will not issue absent a substantial showing of


    the denial of a constitutional right.
    (2006).

    28 U.S.C. 2253(c)(2)

    When the district court denies relief on the merits, a

    prisoner

    satisfies

    this

    jurists

    would

    reasonable

    standard
    find

    by

    that

    demonstrating

    the

    district

    that

    courts

    assessment of the constitutional claims is debatable or wrong.


    Slack v. McDaniel, 529 U.S. 473, 484 (2000); see Miller-El v.
    Cockrell, 537 U.S. 322, 336-38 (2003).
    denies

    relief

    demonstrate

    both

    on

    procedural

    that

    the

    When the district court

    grounds,

    dispositive

    the

    prisoner

    procedural

    ruling

    must
    is

    debatable, and that the motion states a debatable claim of the


    denial of a constitutional right.

    Slack, 529 U.S. at 484-85.

    We have independently reviewed the record and conclude


    that Sheffield has not made the requisite showing.

    Accordingly,

    we deny the motion for the production of a transcript at the


    governments expense, deny the motion to expand the record and
    for judicial notice, deny a certificate of appealability, and
    dismiss the appeal.

    We dispense with oral argument because the


    2

    facts

    and

    materials

    legal
    before

    contentions

    are

    adequately

    this

    and

    argument

    court

    presented

    would

    not

    in

    the

    aid

    the

    decisional process.
    DISMISSED

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