United States v. Miller

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-6669
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
JUDITH L. MILLER,
Defendant - Appellant,
and
GROUP TRIPS UNLIMITED, INCORPORATED,
Defendant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Gerald Bruce Lee, District
Judge. (CR-02-95, CA-03-504-A)
Submitted: July 10, 2003 Decided: July 16, 2003
Before WILKINSON, MOTZ, and TRAXLER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
William Collins Brennan, Jr., Upper Marlboro, Maryland; Frank
Salvato, Alexandria, Virginia, for Appellant. Jack I. Hanly, 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Unpublished opinions are not binding precedent in this circuit.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:
Judith L. Miller seeks to appeal the district court’s order
denying relief on her 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 her
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 (2003); Slack v.
McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d 676, 683
(4th Cir.), cert. denied, 534 U.S. 941 (2001). We have
independently reviewed the record and conclude that Miller 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
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