United States v. Goddard , 117 F. App'x 262 ( 2004 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 04-7351
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    versus
    ANTONIO SAVALAS GODDARD,    a/k/a   Anthony    S.
    Goddard, a/k/a Tony,
    Defendant - Appellant.
    Appeal from the United States District Court for the Eastern
    District of Virginia, at Norfolk. Rebecca Beach Smith, District
    Judge. (CR-02-149; CA-04-199-2)
    Submitted:   December 16, 2004            Decided:   December 22, 2004
    Before MICHAEL, KING, and SHEDD, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Antonio Savalas Goddard, Appellant Pro Se. James Ashford Metcalfe,
    Assistant United States Attorney, Norfolk, Virginia, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).
    PER CURIAM:
    Antonio Savalas Goddard, a federal prisoner, seeks to
    appeal the district court’s order denying relief on his motion
    filed under 
    28 U.S.C. § 2255
     (2000).            The order is not appealable
    unless   a   circuit     justice   or   judge     issues   a    certificate   of
    appealability.     
    28 U.S.C. § 2253
    (c)(1) (2000).              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) (2000).
    A prisoner satisfies this standard by demonstrating that reasonable
    jurists would find that his constitutional claims are debatable and
    that any 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 Goddard 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 -
    

Document Info

Docket Number: 04-7351

Citation Numbers: 117 F. App'x 262

Judges: Michael, King, Shedd

Filed Date: 12/22/2004

Precedential Status: Non-Precedential

Modified Date: 11/5/2024