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  • United States v. Brice, 4th Cir. (2009)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Charles Lee Brice's appeal of the district court's denial of his 28 U.S.C. § 2255 motion. The court independently reviewed the record and determined that Brice did not make the requisite showing to satisfy the standard for issuing a certificate of appealability, which requires demonstrating that reasonable jurists would find the district court's assessment of constitutional claims debatable or wrong. Therefore, the court denied a certificate of appealability and dismissed the appeal.

    Original Description:

    Filed: 2009-03-12 Precedential Status: Non-Precedential Docket: 08-8488

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Charles Lee Brice's appeal of the district court's denial of his 28 U.S.C. § 2255 motion. The court independently reviewed the record and determined that Brice did not make the requisite showing to satisfy the standard for issuing a certificate of appealability, which requires demonstrating that reasonable jurists would find the district court's assessment of constitutional claims debatable or wrong. Therefore, the court denied a certificate of appealability and dismissed the appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
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    5 views2 pages

    United States v. Brice, 4th Cir. (2009)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Charles Lee Brice's appeal of the district court's denial of his 28 U.S.C. § 2255 motion. The court independently reviewed the record and determined that Brice did not make the requisite showing to satisfy the standard for issuing a certificate of appealability, which requires demonstrating that reasonable jurists would find the district court's assessment of constitutional claims 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    UNPUBLISHED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. 08-8488

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    CHARLES LEE BRICE, a/k/a Petty Racing Fan 1, a/k/a Petty
    Racing Fan 2000,
    Defendant - Appellant.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Norfolk. Raymond A. Jackson, District
    Judge. (2:06-cr-00154-RAJ-TEM-1; 2:08-cv-219)

    Submitted:

    February 19, 2009

    Decided:

    March 12, 2009

    Before NIEMEYER, TRAXLER, and SHEDD, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Charles Lee Brice, Appellant Pro Se.


    Michael Calvin Moore,
    Assistant United States Attorney, Richmond, Virginia, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Charles Lee Brice seeks to appeal the district courts
    order denying relief on his 28 U.S.C.A. 2255 (West Supp. 2008)
    motion.
    judge

    The order is not appealable unless a circuit justice or


    issues

    certificate

    2253(c)(1) (2006).
    issue

    absent

    constitutional
    prisoner
    reasonable

    substantial

    right.

    jurists

    appealability.

    28

    U.S.C.

    A certificate of appealability will not

    satisfies

    constitutional

    of

    28

    this
    would

    claims

    showing

    by

    U.S.C.

    the

    the

    denial

    2253(c)(2)

    standard
    find

    of

    that

    district

    by

    of

    (2006).

    demonstrating

    any

    assessment

    court

    is

    a
    A

    that

    of

    debatable

    the
    or

    wrong and that any dispositive procedural ruling by the district


    Miller-El v. Cockrell, 537 U.S.

    court is likewise debatable.

    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 Brice has not


    made

    the

    motion

    to

    requisite
    proceed

    showing.
    in

    forma

    Accordingly,
    pauperis,

    appealability and dismiss the appeal.

    deny

    we
    a

    grant

    Brices

    certificate

    of

    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

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