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  • United States v. Vause, 4th Cir. (2002)

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    The United States Court of Appeals for the Fourth Circuit dismissed David Cornelius Vause's appeal of a district court's denial of his motion under 28 U.S.C. § 2255. The appellate court reviewed the district court's decision and the record and concluded that Vause did not make a substantial showing of the denial of a constitutional right. Accordingly, the appellate court denied a certificate of appealability and dismissed the appeal.

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    Filed: 2002-09-11 Precedential Status: Non-Precedential Docket: 02-7053

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    The United States Court of Appeals for the Fourth Circuit dismissed David Cornelius Vause's appeal of a district court's denial of his motion under 28 U.S.C. § 2255. The appellate court reviewed the district court's decision and the record and concluded that Vause did not make a substantial showing of the denial of a constitutional right. Accordingly, the appellate court denied a certificate of appealability and dismissed the appeal.

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    United States v. Vause, 4th Cir. (2002)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed David Cornelius Vause's appeal of a district court's denial of his motion under 28 U.S.C. § 2255. The appellate court reviewed the district court's decision and the record and concluded that Vause did not make a substantial showing of the denial of a constitutional right. Accordingly, the appellate court denied a certificate of appealability and dismissed the appeal.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 02-7053

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    DAVID CORNELIUS VAUSE,
    Defendant - Appellant.

    Appeal from the United States District Court for the District of
    South Carolina, at Florence.
    Cameron McGowan Currie, District
    Judge. (CR-00-760, CA-01-4266-4-22)

    Submitted:

    September 5, 2002

    Decided:

    September 11, 2002

    Before MOTZ, KING, and GREGORY, Circuit Judges.

    Dismissed by unpublished per curiam opinion.


    David Cornelius Vause, Appellant Pro Se.
    Rose Mary Parham,
    Assistant United States Attorney, Florence, South Carolina, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    David Cornelius Vause seeks to appeal the district courts
    order denying his motion filed under 28 U.S.C. 2255 (2000).

    We

    have reviewed the record and the district courts opinion and
    conclude on the reasoning of the district court that Vause has not
    made a substantial showing of the denial of a constitutional right.
    See United States v. Vause, Nos. CR-00-760; CA-01-4266-4-22 (D.S.C.
    June 4, 2002). Accordingly, 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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