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U.S. v. Buford

United States Court of Appeals, Fourth Circuit
Feb 9, 2010
364 F. App'x 831 (4th Cir. 2010)

Opinion

Nos. 09-7506, 09-7552.

Submitted January 14, 2010.

Decided February 9, 2010.

Appeals from the United States District Court for the Eastern District of Virginia, at Alexandria. Claude M. Hilton, Senior District Judge. (1:03-cr-00360-CMH-2; 1:09-cv-00169-CMH).

Michael S. Buford, Appellant Pro Se. Jeffrey L. Shih, Special Assistant United States Attorney, Alexandria, Virginia, for Appellee.

Before WILKINSON, MOTZ, and SHEDD, Circuit Judges.


Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.


In these consolidated appeals, Michael S. Buford seeks to appeal the district court's orders denying relief on his 28 U.S.C.A. § 2255 (West Supp. 2009) motion and his motion for a certificate of appealability. The orders are 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, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003); Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). We have independently reviewed the record and conclude Buford has not made the requisite showing. Accordingly, we deny certificates of appealability and dismiss the appeals. 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.


Summaries of

U.S. v. Buford

United States Court of Appeals, Fourth Circuit
Feb 9, 2010
364 F. App'x 831 (4th Cir. 2010)
Case details for

U.S. v. Buford

Case Details

Full title:UNITED STATES of America, Plaintiff-Appellee, v. Michael S. BUFORD, a/k/a…

Court:United States Court of Appeals, Fourth Circuit

Date published: Feb 9, 2010

Citations

364 F. App'x 831 (4th Cir. 2010)