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

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    William Lamont Slate filed a motion under 28 U.S.C. § 2255 challenging his conviction. The district court denied the motion as untimely. Slate sought to appeal, but the Fourth Circuit Court of Appeals dismissed the appeal. The court found that Slate 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 Slate failed to demonstrate that reasonable jurists would find his constitutional claims debatable or that the district court's procedural rulings were debatable or wrong. Therefore, the court denied a certificate of appealability and dismissed the appeal.

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    Filed: 2005-03-16 Precedential Status: Non-Precedential Docket: 04-7891

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    William Lamont Slate filed a motion under 28 U.S.C. § 2255 challenging his conviction. The district court denied the motion as untimely. Slate sought to appeal, but the Fourth Circuit Court of Appeals dismissed the appeal. The court found that Slate 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 Slate failed to demonstrate that reasonable jurists would find his constitutional claims debatable or that the district court's procedural rulings were debatable or wrong. Therefore, the court denied a certificate of appealability and dismissed the appeal.

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    2 views2 pages

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

    Uploaded by

    Scribd Government Docs
    William Lamont Slate filed a motion under 28 U.S.C. § 2255 challenging his conviction. The district court denied the motion as untimely. Slate sought to appeal, but the Fourth Circuit Court of Appeals dismissed the appeal. The court found that Slate 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 Slate failed to demonstrate that reasonable jurists would find his constitutional claims debatable or that the district court's procedural rulings were debatable or wrong. Therefore, the court denied a certificate of appealability and dismissed the appeal.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 04-7891

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    WILLIAM LAMONT SLATE, a/k/a Chicago,
    Defendant - Appellant.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Norfolk. Rebecca Beach Smith, District
    Judge. (CR-97-41; CA-04-127-4)

    Submitted:

    March 2, 2005

    Decided:

    March 16, 2005

    Before WILKINSON, LUTTIG, and TRAXLER, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    William Lamont Slate, Appellant Pro Se. Peter Sinclair Duffey,


    Stephen David Schiller, OFFICE OF THE UNITED STATES ATTORNEY,
    Richmond, Virginia; Michael R. Smythers, Assistant United States
    Attorney, Norfolk, Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    William Lamont Slate seeks to appeal the district courts
    order denying as untimely his motion filed under 28 U.S.C. 2255
    (2000).
    judge

    The order is not appealable unless a circuit justice or


    issues

    certificate

    of

    appealability.

    28

    U.S.C.

    2253(c)(1) (2000). 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) (2000).

    A prisoner satisfies this

    standard by demonstrating that reasonable jurists would find that


    his constitutional claims are debatable and that any dispositive
    procedural rulings by the district court are also debatable or
    wrong.

    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 Slate 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

    - 2 -

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