United States v. Lee ( 2010 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 10-6770
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    v.
    DAVID SCOTT LEE,
    Defendant - Appellant.
    Appeal from the United States District Court for the District of
    South Carolina, at Rock Hill. Cameron McGowan Currie, District
    Judge. (0:07-cr-00043-CMC-4)
    Submitted:   July 27,2010                 Decided:   August 9, 2010
    Before TRAXLER, Chief Judge, and WILKINSON and KEENAN, Circuit
    Judges.
    Dismissed by unpublished per curiam opinion.
    David Scott Lee, Appellant Pro Se.       Jimmie Ewing, Assistant
    United States Attorney, Columbia, South Carolina, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    David Scott Lee seeks to appeal the district court’s
    order denying relief on his 
    28 U.S.C.A. § 2255
     (West Supp. 2010)
    motion.    The order is not appealable unless a circuit justice or
    judge     issues     a    certificate         of    appealability.          
    28 U.S.C. § 2253
    (c)(1) (2006).           A certificate of appealability will not
    issue     absent     “a    substantial        showing       of     the   denial    of   a
    constitutional right.”            
    28 U.S.C. § 2253
    (c)(2) (2006).                 When the
    district court denies relief on the merits, a prisoner satisfies
    this    standard     by    demonstrating          that    reasonable     jurists    would
    find that the district court’s assessment of the constitutional
    claims is debatable or wrong.                 Slack v. McDaniel, 
    529 U.S. 473
    ,
    484    (2000);     see    Miller-El      v.   Cockrell,      
    537 U.S. 322
    ,    336-38
    (2003).     When the district court denies relief on procedural
    grounds, the prisoner must demonstrate both that the dispositive
    procedural ruling is debatable, and that the motion states a
    debatable claim of the denial of a constitutional right.                           Slack,
    
    529 U.S. at 484-85
    .           We have independently reviewed the record
    and    conclude     that    Lee    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
    2
    before   the   court   and   argument   would   not   aid   the   decisional
    process.
    DISMISSED
    3
    

Document Info

Docket Number: 10-6770

Filed Date: 8/9/2010

Precedential Status: Non-Precedential

Modified Date: 4/17/2021