United States v. McCain , 356 F. App'x 668 ( 2009 )


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  •                               UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 09-7438
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    v.
    WILLIE JUNIOR MCCAIN,
    Defendant - Appellant.
    Appeal from the United States District Court for the Western
    District of Virginia, at Roanoke.     Jackson L. Kiser, Senior
    District Judge. (4:05-cr-00011-jlk-1; 7:07-cv-00301-jlk-mfu)
    Submitted:    December 15, 2009            Decided:   December 18, 2009
    Before MICHAEL and DUNCAN, Circuit Judges, and HAMILTON, Senior
    Circuit Judge.
    Dismissed by unpublished per curiam opinion.
    Willie Junior McCain, Appellant Pro Se. Charlene Day, OFFICE OF
    THE UNITED STATES ATTORNEY, Roanoke, Virginia, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Willie        Junior       McCain       seeks       to    appeal      the      district
    court’s      order     denying       his    Fed.       R.       Civ.    P.    60(b)     motion    for
    reconsideration of the district court’s order denying relief on
    his 
    28 U.S.C.A. § 2255
     (West Supp. 2009) 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);
    Reid    v.     Angelone,        
    369 F.3d 363
    ,        369        (4th     Cir.    2004).
    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).            A    prisoner       satisfies        this
    standard      by    demonstrating          that       reasonable         jurists        would    find
    that any assessment of the constitutional claims by the district
    court is debatable or wrong and that any dispositive procedural
    ruling by the district court is likewise debatable.                                           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
    , 683-84 (4th
    Cir.   2001).          We    have    independently               reviewed       the     record   and
    conclude       that    McCain        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: 09-7438

Citation Numbers: 356 F. App'x 668

Judges: Michael, Duncan, Hamilton

Filed Date: 12/18/2009

Precedential Status: Non-Precedential

Modified Date: 11/5/2024