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  • United States v. Heath, 4th Cir. (2003)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Alfred Heath's appeal of a district court's denial of his motion to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255. The court independently reviewed the record and determined that Heath's claims were without merit. As a result, the court denied Heath's request for a certificate of appealability and dismissed the appeal, finding he failed to make a substantial showing of the denial of a constitutional right.

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    Filed: 2003-03-12 Precedential Status: Non-Precedential Docket: 02-7578

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Alfred Heath's appeal of a district court's denial of his motion to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255. The court independently reviewed the record and determined that Heath's claims were without merit. As a result, the court denied Heath's request for a certificate of appealability and dismissed the appeal, finding he failed to make a substantial showing of the denial of a constitutional right.

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    Public Domain
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    0 views2 pages

    United States v. Heath, 4th Cir. (2003)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Alfred Heath's appeal of a district court's denial of his motion to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255. The court independently reviewed the record and determined that Heath's claims were without merit. As a result, the court denied Heath's request for a certificate of appealability and dismissed the appeal, finding he failed to make a substantial showing of the denial of a constitutional right.

    Copyright:

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 02-7578

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    ALFRED HEATH,
    Defendant - Appellant.

    Appeal from the United States District Court for the District of
    South Carolina, at Columbia. Matthew J. Perry, Senior District
    Judge. (CR-97-240-MJP, CA-00-3266)

    Submitted:

    February 27, 2003

    Decided:

    March 12, 2003

    Before NIEMEYER, LUTTIG, and MOTZ, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Alfred Heath, Appellant Pro Se. Jane Barrett Taylor, OFFICE OF THE
    UNITED STATES ATTORNEY, Columbia, South Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Alfred Heath seeks to appeal the district courts order
    denying relief on his motion filed under 28 U.S.C. 2255 (2000).
    We have independently reviewed the record and conclude that Heaths
    claims are meritless.

    Accordingly, he has not made a substantial

    showing of the denial of a constitutional right.

    We deny a

    certificate of appealability and dismiss the appeal. See 28 U.S.C.


    2253(c) (2000). 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

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