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  • United States v. LaBuwi, 4th Cir. (2010)

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    This document summarizes a United States Court of Appeals case. Thomas Walker LaBuwi, II sought to appeal a district court order denying relief on his 28 U.S.C. § 2255 motion. The appeals court dismissed the appeal, finding that LaBuwi did not make the requisite showing to receive a certificate of appealability, which is required to appeal the denial of a § 2255 motion. The court independently reviewed the record and concluded LaBuwi did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong.

    Original Description:

    Filed: 2010-06-14 Precedential Status: Non-Precedential Docket: 09-7722

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    This document summarizes a United States Court of Appeals case. Thomas Walker LaBuwi, II sought to appeal a district court order denying relief on his 28 U.S.C. § 2255 motion. The appeals court dismissed the appeal, finding that LaBuwi did not make the requisite showing to receive a certificate of appealability, which is required to appeal the denial of a § 2255 motion. The court independently reviewed the record and concluded LaBuwi did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong.

    Copyright:

    Public Domain
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    6 views3 pages

    United States v. LaBuwi, 4th Cir. (2010)

    Uploaded by

    Scribd Government Docs
    This document summarizes a United States Court of Appeals case. Thomas Walker LaBuwi, II sought to appeal a district court order denying relief on his 28 U.S.C. § 2255 motion. The appeals court dismissed the appeal, finding that LaBuwi did not make the requisite showing to receive a certificate of appealability, which is required to appeal the denial of a § 2255 motion. The court independently reviewed the record and concluded LaBuwi did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 09-7722

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    THOMAS WALKER LABUWI, II,
    Defendant - Appellant.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Wilmington. James C. Fox, Senior
    District Judge. (7:00-cr-00078-F-8; 7:03-cv-00156-F)

    Submitted:

    May 26, 2010

    Decided:

    June 14, 2010

    Before NIEMEYER and MOTZ, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.

    Thomas Walker LaBuwi, II, Appellant Pro Se. Christine Witcover


    Dean, Assistant United States Attorney, Raleigh, North Carolina,
    for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Thomas Walker LaBuwi, II, seeks to appeal the district
    courts order denying relief on his 28 U.S.C.A. 2255 (West
    Supp.

    2009)

    motion.

    The

    order

    is

    not

    appealable

    unless

    circuit justice or judge issues a certificate of appealability.


    28 U.S.C. 2253(c)(1) (2006).

    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) (2006).

    When the

    district court denies relief on the merits, a prisoner satisfies


    this

    standard

    by

    demonstrating

    that

    reasonable

    jurists

    would

    find that the district courts assessment of the constitutional


    claims is debatable or wrong.

    Slack v. McDaniel, 529 U.S. 473,

    484

    Cockrell,

    (2000);

    (2003).

    see

    Miller-El

    v.

    537

    U.S.

    322,

    336-38

    When the district court denies relief on procedural

    grounds, the prisoner must demonstrate both that the dispositive


    procedural ruling is debatable, and that the motion states a
    debatable claim of the denial of a constitutional right.
    529 U.S. at 484-85.

    Slack,

    We have independently reviewed the record

    and conclude that LaBuwi 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

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