United States v. Harmon

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7938
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
MICHAEL TRACY HARMON,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Rebecca Beach Smith, District
Judge. (CR-99-23, CA-00-537)
Submitted: July 11, 2003 Decided: August 5, 2003
Before LUTTIG and MOTZ, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Michael Tracy Harmon, Appellant Pro Se. Robert Joseph Seidel, Jr.,
Assistant United States Attorney, Norfolk, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Michael Tracy Harmon seeks to appeal the district court’s
order denying relief on his motion filed under 28 U.S.C. § 2255(2000). An appeal may not be taken from the final order in a § 2255
proceeding 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 for claims addressed by the district
court on the merits absent "a substantial showing of the denial of
a constitutional right." 28 U.S.C. § 2253(c)(2) (2000). We have
independently reviewed the record and conclude that Harmon has not
made the requisite showing. See Miller-El v. Cockrell, 537 U.S.
322 (2003). 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