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  • United States v. Brewington, 4th Cir. (2004)

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    This document summarizes a United States Court of Appeals case. Richard Angelo Brewington sought to appeal the district court's denial of his motion for relief under 28 U.S.C. § 2255. The court dismissed the appeal, finding that Brewington did not make the requisite showing to obtain a certificate of appealability, which requires demonstrating that reasonable jurists would find his constitutional claims debatable. The court dispensed with oral argument, finding the facts and legal issues were adequately presented in the materials.

    Original Description:

    Filed: 2004-06-18 Precedential Status: Non-Precedential Docket: 04-6298

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    This document summarizes a United States Court of Appeals case. Richard Angelo Brewington sought to appeal the district court's denial of his motion for relief under 28 U.S.C. § 2255. The court dismissed the appeal, finding that Brewington did not make the requisite showing to obtain a certificate of appealability, which requires demonstrating that reasonable jurists would find his constitutional claims debatable. The court dispensed with oral argument, finding the facts and legal issues were adequately presented in the materials.

    Copyright:

    Public Domain
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    10 views2 pages

    United States v. Brewington, 4th Cir. (2004)

    Uploaded by

    Scribd Government Docs
    This document summarizes a United States Court of Appeals case. Richard Angelo Brewington sought to appeal the district court's denial of his motion for relief under 28 U.S.C. § 2255. The court dismissed the appeal, finding that Brewington did not make the requisite showing to obtain a certificate of appealability, which requires demonstrating that reasonable jurists would find his constitutional claims debatable. The court dispensed with oral argument, finding the facts and legal issues were adequately presented in the materials.

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    Public Domain
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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 04-6298

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    RICHARD ANGELO BREWINGTON,
    Defendant - Appellant.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh. Terrence W. Boyle, Chief
    District Judge. (CR-01-160)

    Submitted:

    June 10, 2004

    Decided:

    June 18, 2004

    Before WILLIAMS and TRAXLER, Circuit Judges, and HAMILTON, Senior


    District Judge.

    Dismissed by unpublished per curiam opinion.

    Richard Angelo Brewington, Appellant Pro Se. Christine Witcover


    Dean, Assistant United States Attorney, Jennifer P. May-Parker,
    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:
    Richard Angelo Brewington seeks to appeal the district
    courts order denying relief on his motion filed under 28 U.S.C.
    2255 (2000).

    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 absent a substantial


    showing of the denial of a constitutional right.

    2253(c)(2)

    demonstrating
    constitutional

    (2000).
    that

    prisoner

    reasonable

    claims

    are

    satisfies

    jurists

    debatable

    this

    would

    and

    that

    28 U.S.C.
    standard

    find
    any

    that

    by
    his

    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 Brewington 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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