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    This document summarizes a court case in which Tyrone Sheppard sought to appeal the district court's denial of his motion for relief under 28 U.S.C. § 2255 and, alternatively, under Fed. R. Crim. P. 35. The circuit court independently reviewed the record and determined that Sheppard did not make the requisite showing to justify issuing an appeal. As such, the circuit court denied Sheppard's request for a certificate of appealability and dismissed the appeal. It also affirmed the district court's denial of relief under Rule 35.

    Original Description:

    Filed: 2004-01-16 Precedential Status: Non-Precedential Docket: 03-7464

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    This document summarizes a court case in which Tyrone Sheppard sought to appeal the district court's denial of his motion for relief under 28 U.S.C. § 2255 and, alternatively, under Fed. R. Crim. P. 35. The circuit court independently reviewed the record and determined that Sheppard did not make the requisite showing to justify issuing an appeal. As such, the circuit court denied Sheppard's request for a certificate of appealability and dismissed the appeal. It also affirmed the district court's denial of relief under Rule 35.

    Copyright:

    Public Domain
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    7 views2 pages

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

    Uploaded by

    Scribd Government Docs
    This document summarizes a court case in which Tyrone Sheppard sought to appeal the district court's denial of his motion for relief under 28 U.S.C. § 2255 and, alternatively, under Fed. R. Crim. P. 35. The circuit court independently reviewed the record and determined that Sheppard did not make the requisite showing to justify issuing an appeal. As such, the circuit court denied Sheppard's request for a certificate of appealability and dismissed the appeal. It also affirmed the district court's denial of relief under Rule 35.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 03-7464

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    TYRONE SHEPPARD,
    Defendant - Appellant.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Richmond.
    Robert E. Payne, District
    Judge. (CR-83-107)

    Submitted:

    December 18, 2003

    Decided:

    January 16, 2004

    Before LUTTIG, SHEDD, and DUNCAN, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Tyrone Sheppard, Appellant Pro Se. Paul Joseph McNulty, United


    States Attorney, Alexandria, Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Tyrone Sheppard seeks to appeal the district courts
    order denying relief on his motion filed under 28 U.S.C. 2255
    (2000) and, in the alternative, under Fed. R. Crim. P. 35.

    An

    appeal may not be taken from the final order in a 2255 proceeding
    unless

    circuit

    appealability.

    justice

    or

    judge

    issues

    28 U.S.C. 2253(c)(1) (2000).

    certificate

    of

    A certificate of

    appealability will not issue for claims addressed by a district


    court

    absent

    substantial

    constitutional right.

    showing

    of

    the

    denial

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

    of

    A prisoner

    satisfies this standard by demonstrating that reasonable jurists


    would find both 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 (4th Cir. 2001).

    We have independently

    reviewed the record and conclude that Sheppard has not made the
    requisite

    showing.

    Accordingly,

    appealability and dismiss the appeal.

    we

    deny

    certificate

    of

    To the extent that Sheppard

    appeals the denial of relief under Fed. R. Crim. P. 35, we affirm


    the judgment. 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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