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

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    The United States Court of Appeals for the Fourth Circuit dismissed Bryant Jones's appeal of the district court's denial of his motion for a certificate of appealability to appeal the denial of relief on his 28 U.S.C. § 2255 motion. The court independently reviewed the record and concluded that Jones did not make a substantial showing of the denial of a constitutional right, as is required to issue a certificate of appealability. Therefore, the court denied the certificate and dismissed the appeal without oral argument.

    Original Description:

    Filed: 2004-12-01 Precedential Status: Non-Precedential Docket: 04-7446

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    The United States Court of Appeals for the Fourth Circuit dismissed Bryant Jones's appeal of the district court's denial of his motion for a certificate of appealability to appeal the denial of relief on his 28 U.S.C. § 2255 motion. The court independently reviewed the record and concluded that Jones did not make a substantial showing of the denial of a constitutional right, as is required to issue a certificate of appealability. Therefore, the court denied the certificate and dismissed the appeal without oral argument.

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    Public Domain
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    5 views2 pages

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

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Bryant Jones's appeal of the district court's denial of his motion for a certificate of appealability to appeal the denial of relief on his 28 U.S.C. § 2255 motion. The court independently reviewed the record and concluded that Jones did not make a substantial showing of the denial of a constitutional right, as is required to issue a certificate of appealability. Therefore, the court denied the certificate and dismissed the appeal without oral argument.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 04-7446

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    BRYANT JONES,
    Defendant - Appellant.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Alexandria. T. S. Ellis III, District
    Judge. (CR-00-240)

    Submitted:

    November 18, 2004

    Decided:

    December 1, 2004

    Before LUTTIG and GREGORY, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.

    Bryant Jones, Appellant Pro Se. Patricia Marie Haynes, OFFICE OF


    THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Bryant Jones seeks to appeal the district courts order
    denying his motion for a certificate of appealability to appeal the
    courts denial of relief on his motion filed under 28 U.S.C. 2255
    (2000).

    A certificate of appealability will not issue absent a

    substantial showing of the denial of a constitutional right.


    U.S.C. 2253(c)(2) (2000).
    demonstrating
    constitutional

    that

    A prisoner satisfies this standard by

    reasonable

    claims

    are

    28

    jurists

    debatable

    would

    and

    that

    find
    any

    that

    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

    Jones

    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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