155 F. App'x 686

UNITED STATES of America, Plaintiff—Appellee, v. Brian BELTON, a/k/a Little Brian, Defendant—Appellant.

No. 04-7870.

United States Court of Appeals, Fourth Circuit.

Submitted: Nov. 14, 2005.

Decided: Nov. 29, 2005.

Brian Belton, Appellant Pro Se. Stephen Matthew Schenning, John Francis Purcell, Jr., Office of the United States Attorney, Baltimore, Maryland, for Appellee.

Before WILKINSON, MICHAEL, and GREGORY, Circuit Judges.

*687Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.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

PER CURIAM:

Brian Belton seeks to appeal the district court’s order denying relief on his motion filed under 28 U.S.C. § 2255 (2000). The order is not appealable 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 absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2000). A prisoner satisfies this standard by demonstrating that reasonable jurists would find that his constitutional claims are debatable and that any dispositive procedural rulings by the district court are also debatable or wrong. See Miller-El v. Cockrell, 537 U.S. 322, 336, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003); Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); Rose v. Lee, 252 F.3d 676, 683 (4th Cir.2001). We have independently reviewed the record and conclude that Belton has not made the requisite showing. Accordingly, we deny Belton’s motion for 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

United States v. Belton
155 F. App'x 686

Case Details

Name
United States v. Belton
Decision Date
Nov 29, 2005
Citations

155 F. App'x 686

Jurisdiction
United States

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