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  • United States v. Strickland, 4th Cir. (2005)

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    Terry Lee Strickland appealed the district court's denial of his motion to vacate, set aside or correct his sentence under 28 U.S.C. § 2255. The Fourth Circuit Court of Appeals independently reviewed the record and agreed with the district court's reasoning for denying relief. The appeals court found that Strickland did not make a substantial showing of the denial of a constitutional right. As a result, the court denied a certificate of appealability and dismissed the appeal.

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    Filed: 2005-03-30 Precedential Status: Non-Precedential Docket: 04-7978

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    Terry Lee Strickland appealed the district court's denial of his motion to vacate, set aside or correct his sentence under 28 U.S.C. § 2255. The Fourth Circuit Court of Appeals independently reviewed the record and agreed with the district court's reasoning for denying relief. The appeals court found that Strickland did not make a substantial showing of the denial of a constitutional right. As a result, the court denied a certificate of appealability and dismissed the appeal.

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    United States v. Strickland, 4th Cir. (2005)

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    Terry Lee Strickland appealed the district court's denial of his motion to vacate, set aside or correct his sentence under 28 U.S.C. § 2255. The Fourth Circuit Court of Appeals independently reviewed the record and agreed with the district court's reasoning for denying relief. The appeals court found that Strickland did not make a substantial showing of the denial of a constitutional right. As a result, the 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    UNPUBLISHED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. 04-7978

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    TERRY LEE STRICKLAND,
    Defendant - Appellant.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh.
    Terrence W. Boyle,
    District Judge. (CR-00-110-BO; CA-04-1552-5-BO)

    Submitted:

    March 24, 2005

    Decided:

    March 30, 2005

    Before WIDENER and GREGORY, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.

    Terry Lee Strickland, Appellant Pro Se.


    Kenneth Fitzgerald
    Whitted, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North
    Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Terry Lee Strickland 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 on

    the reasoning of the district court that Strickland has not made a
    substantial showing of the denial of a constitutional right.

    See

    United States v. Strickland, Nos. CR-00-110-BO; CA-04-1552-5-BO


    (E.D.N.C. Nov. 9, 2004).

    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

    - 2 -

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