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

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    Dia April Montague, a federal prisoner, appealed the district court's denial of her 28 U.S.C. § 2255 motion. The Fourth Circuit Court of Appeals dismissed the appeal, finding that Montague did not make the requisite showing to obtain a certificate of appealability, which requires demonstrating that reasonable jurists would find the district court's assessment of her constitutional claims debatable or wrong. The Fourth Circuit independently reviewed the record and concluded Montague did not meet this standard. The court dispensed with oral argument, finding the facts and legal issues were adequately presented in the materials before it.

    Original Description:

    Filed: 2005-11-22 Precedential Status: Non-Precedential Docket: 04-8004

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    Dia April Montague, a federal prisoner, appealed the district court's denial of her 28 U.S.C. § 2255 motion. The Fourth Circuit Court of Appeals dismissed the appeal, finding that Montague did not make the requisite showing to obtain a certificate of appealability, which requires demonstrating that reasonable jurists would find the district court's assessment of her constitutional claims debatable or wrong. The Fourth Circuit independently reviewed the record and concluded Montague did not meet this standard. The court dispensed with oral argument, finding the facts and legal issues were adequately presented in the materials before it.

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    Public Domain
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    United States v. Montague, 4th Cir. (2005)

    Uploaded by

    Scribd Government Docs
    Dia April Montague, a federal prisoner, appealed the district court's denial of her 28 U.S.C. § 2255 motion. The Fourth Circuit Court of Appeals dismissed the appeal, finding that Montague did not make the requisite showing to obtain a certificate of appealability, which requires demonstrating that reasonable jurists would find the district court's assessment of her constitutional claims debatable or wrong. The Fourth Circuit independently reviewed the record and concluded Montague did not meet this standard. The court dispensed with oral argument, finding the facts and legal issues were adequately presented in the materials before it.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 04-8004

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    DIA APRIL MONTAGUE,
    Defendant - Appellant.

    Appeal from the United States District Court for the District of
    Maryland, at Greenbelt.
    Deborah K. Chasanow, District Judge.
    (CR-98-205; CA-04-3511-DKC)

    Submitted:

    November 17, 2005

    Decided:

    November 22, 2005

    Before WILKINSON, LUTTIG, and WILLIAMS, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Dia April Montague, Appellant Pro Se. Stuart A. Berman, Assistant


    United States Attorney, Greenbelt, Maryland, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Dia April Montague, a federal prisoner, seeks to appeal
    the district courts order denying relief on her 28 U.S.C. 2255
    (2000) motion.

    An appeal may not be taken from the final order in

    a 2255 proceeding 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 for claims addressed by


    a district court absent a substantial showing of the denial of a
    constitutional right.

    28 U.S.C. 2253(c)(2) (2000).

    A prisoner

    satisfies this standard by demonstrating that reasonable jurists


    would

    find

    both

    constitutional

    that

    the

    claims

    is

    district
    debatable

    courts
    or

    assessment

    wrong

    and

    of

    her

    that

    any

    dispositive procedural rulings by the district court are also


    debatable or wrong.

    See Miller-El v. Cockrell, 537 U.S. 322, 336

    (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee,
    252 F.3d 676, 683 (4th Cir. 2001).

    We have independently reviewed

    the record and conclude that Montague has not made the requisite
    showing.

    Accordingly, we deny a certificate of appealability and

    dismiss the appeal.


    facts

    and

    materials

    legal
    before

    We dispense with oral argument because the

    contentions
    the

    court

    are

    adequately

    and

    argument

    presented

    would

    not

    in

    the

    aid

    the

    decisional process.

    DISMISSED

    - 2 -

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