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    Chris Parks appealed the district court's denial of his motion under 28 U.S.C. § 2255 to vacate, set aside, or correct his sentence. The Fourth Circuit Court of Appeals reviewed the record and district court's opinion and concluded that Parks did not make a substantial showing that his constitutional rights were denied. Accordingly, the Fourth Circuit denied a certificate of appealability and dismissed the appeal. The court also denied Parks' motion for appointment of counsel.

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    Filed: 2002-10-21 Precedential Status: Non-Precedential Docket: 02-7266

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    Chris Parks appealed the district court's denial of his motion under 28 U.S.C. § 2255 to vacate, set aside, or correct his sentence. The Fourth Circuit Court of Appeals reviewed the record and district court's opinion and concluded that Parks did not make a substantial showing that his constitutional rights were denied. Accordingly, the Fourth Circuit denied a certificate of appealability and dismissed the appeal. The court also denied Parks' motion for appointment of counsel.

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    6 views2 pages

    United States v. Parks, 4th Cir. (2002)

    Uploaded by

    Scribd Government Docs
    Chris Parks appealed the district court's denial of his motion under 28 U.S.C. § 2255 to vacate, set aside, or correct his sentence. The Fourth Circuit Court of Appeals reviewed the record and district court's opinion and concluded that Parks did not make a substantial showing that his constitutional rights were denied. Accordingly, the Fourth Circuit denied a certificate of appealability and dismissed the appeal. The court also denied Parks' motion for appointment of counsel.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 02-7266

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    CHRIS PARKS,
    Defendant - Appellant.

    Appeal from the United States District Court for the Northern
    District of West Virginia, at Wheeling. Frederick P. Stamp, Jr.,
    District Judge. (CR-99-30, CA-01-15-5)

    Submitted:

    October 10, 2002

    Decided:

    October 21, 2002

    Before WILLIAMS, KING, and GREGORY, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Chris Parks, Appellant Pro Se.


    Samuel Gerald Nazzaro, Jr.,
    Assistant United States Attorney, Wheeling, West Virginia, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Chris

    Parks

    seeks

    to

    appeal

    the

    district

    courts

    order

    affirming and adopting in part the magistrate judges report and


    recommendation and denying his motion filed under 28 U.S.C. 2255
    (2000).

    We have reviewed the record and the district courts

    memorandum opinion and conclude for the reasons stated by the


    district court that Parks has not made a substantial showing of the
    denial of a constitutional right. See United States v. Parks, Nos.
    CR-99-30; CA-01-15-5 (N.D.W. Va. July 15, 2002).

    Accordingly, we

    deny a certificate of appealability and dismiss the appeal. See 28


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

    We deny Parks motion for appointment of

    counsel. 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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