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United States v. Smith, 4th Cir. (2011)

This document summarizes a United States Court of Appeals case. Charles Henry Smith sought to appeal the district court's denial of his 28 U.S.C.A. § 2255 motion. The appeals court must issue a certificate of appealability for the case to be appealed. After reviewing the record, the appeals court concluded that Smith did not make the requisite showing to receive a certificate. Therefore, the appeals court dismissed Smith's appeal and denied his motions for appointment of counsel and to file a formal brief.

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23 views3 pages

United States v. Smith, 4th Cir. (2011)

This document summarizes a United States Court of Appeals case. Charles Henry Smith sought to appeal the district court's denial of his 28 U.S.C.A. § 2255 motion. The appeals court must issue a certificate of appealability for the case to be appealed. After reviewing the record, the appeals court concluded that Smith did not make the requisite showing to receive a certificate. Therefore, the appeals court dismissed Smith's appeal and denied his motions for appointment of counsel and to file a formal brief.

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UNPUBLISHED

UNITED STATES COURT OF APPEALS


FOR THE FOURTH CIRCUIT

No. 10-6442

UNITED STATES OF AMERICA,


Plaintiff Appellee,
v.
CHARLES HENRY SMITH,
Defendant Appellant.

Appeal from the United States District Court for the Middle
District of North Carolina, at Durham.
James A. Beaty, Jr.,
Chief District Judge.
(1:06-cr-00133-JAB-1; 1:09-cv-00345-JABPTS)

Submitted:

January 5, 2011

Decided:

February 1, 2011

Before NIEMEYER, GREGORY, and AGEE, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Charles Henry Smith, Appellant Pro Se. Paul Alexander Weinman,


OFFICE OF THE UNITED STATES ATTORNEY, Winston-Salem, North
Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:
Charles

Henry

Smith

seeks

to

appeal

the

district

courts order denying relief on his 28 U.S.C.A. 2255 (West


Supp.

2010)

motion.

The

order

is

not

appealable

unless

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).

When the

district court denies relief on the merits, a prisoner satisfies


this

standard

by

demonstrating

that

reasonable

jurists

would

find that the district courts assessment of the constitutional


claims is debatable or wrong.

Slack v. McDaniel, 529 U.S. 473,

484

Cockrell,

(2000);

(2003).

see

Miller-El

v.

537

U.S.

322,

336-38

When the district court denies relief on procedural

grounds, the prisoner must demonstrate both that the dispositive


procedural ruling is debatable, and that the motion states a
debatable claim of the denial of a constitutional right.
529 U.S. at 484-85.
and

conclude

that

Slack,

We have independently reviewed the record


Smith

has

not

made

the

requisite

showing.

Accordingly, we deny a certificate of appealability and dismiss


the appeal.
a

formal

The motions for appointment of counsel and to file

brief

are

denied.

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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