Scribd Logo
Upload

Welcome to Scribd!

  • United States v. Wyllie, 4th Cir. (2008)

    Uploaded by

    Scribd Government Docs
    1 views2 pages
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit that dismisses an appeal from Terrance Tremaine Wyllie, who sought to appeal the district court's denial of his 28 U.S.C. § 2255 motion for post-conviction relief. The panel concludes that Wyllie has not made a substantial showing that he was denied a constitutional right, as is required to issue a certificate of appealability. As such, the court dismisses Wyllie's appeal.

    Original Description:

    Filed: 2008-03-11 Precedential Status: Non-Precedential Docket: 07-7709

    Copyright

    © Public Domain

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit that dismisses an appeal from Terrance Tremaine Wyllie, who sought to appeal the district court's denial of his 28 U.S.C. § 2255 motion for post-conviction relief. The panel concludes that Wyllie has not made a substantial showing that he was denied a constitutional right, as is required to issue a certificate of appealability. As such, the court dismisses Wyllie's appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    1 views2 pages

    United States v. Wyllie, 4th Cir. (2008)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit that dismisses an appeal from Terrance Tremaine Wyllie, who sought to appeal the district court's denial of his 28 U.S.C. § 2255 motion for post-conviction relief. The panel concludes that Wyllie has not made a substantial showing that he was denied a constitutional right, as is required to issue a certificate of appealability. As such, the court dismisses Wyllie's appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 07-7709

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    TERRANCE TREMAINE WYLLIE,
    Defendant - Appellant.

    Appeal from the United States District Court for the Middle
    District of North Carolina, at Durham. James A. Beaty, Jr., Chief
    District Judge. (1:05-cr-00063-JAB-1; 1:07-cv-00079-JAB)

    Submitted:

    February 28, 2008

    Decided:

    March 11, 2008

    Before NIEMEYER, MOTZ, and GREGORY, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Terrance Tremaine Wyllie, Appellant Pro Se. Anna Mills Wagoner,


    United States Attorney, Angela Hewlett Miller, OFFICE OF THE UNITED
    STATES ATTORNEY, Greensboro, North Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Terrance Tremaine Wyllie seeks to appeal the district
    courts order accepting the recommendation of the magistrate judge
    and 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 Wyllie 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