Professional Documents
Culture Documents
No. 06-6219
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
Terrence W. Boyle,
District Judge. (4:90-cr-00027-BO-1)
Submitted:
Decided:
PER CURIAM:
Samuel DeWitt McCotter seeks to appeal the district
courts order construing his motion for modification of sentence as
a 28 U.S.C. 2255 (2000) motion and denying relief.
not
appealable
unless
circuit
certificate of appealability.
justice
or
The order is
judge
issues
2253(c)(2)
demonstrating
(2000).
that
prisoner
reasonable
satisfies
jurists
this
would
28 U.S.C.
standard
find
that
by
any
district
court
is
likewise
debatable.
See
Miller-El
v.
Cockrell, 537 U.S. 322, 336-38 (2003); Slack v. McDaniel, 529 U.S.
473, 484 (2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001).
We
have
independently
reviewed
the
record
and
conclude
that
Accordingly, we deny
DISMISSED
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