United States v. Billingsley , 361 F. App'x 474 ( 2009 )


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  •                               UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 09-7176
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    v.
    KEITH BILLINGSLEY,
    Defendant - Appellant.
    Appeal from the United States District Court for the Eastern
    District of Virginia, at Alexandria. James C. Cacheris, Senior
    District Judge. (1:03-cr-00395-JCC-3; 1:07-cv-01185-JCC)
    Submitted:    December 17, 2009            Decided:   December 29, 2009
    Before WILKINSON, NIEMEYER, and AGEE, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Keith Billingsley, Appellant Pro Se. Melissa Siskind, OFFICE OF
    THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Keith Billingsley seeks to appeal 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).              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 Billingsley
    has   not     made   the    requisite          showing.          Accordingly,         we    deny
    Billingsley’s        motion      for    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
    

Document Info

Docket Number: 09-7176

Citation Numbers: 361 F. App'x 474

Filed Date: 12/29/2009

Precedential Status: Non-Precedential

Modified Date: 4/18/2021