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U.S. v. Butler

United States Court of Appeals, Fourth Circuit
Oct 24, 2007
251 F. App'x 810 (4th Cir. 2007)

Opinion

No. 07-6323.

Submitted: October 18, 2007.

Decided: October 24, 2007.

Appeal from the United States District Court for the Eastern District of North Carolina, at Wilmington. James C. Fox, Senior District Judge. (7:02-cr-00093-F; 7:05-cv-00114).

Noell Peter Tin, Tin, Fulton, Greene Owen, PLLC, Charlotte, North Carolina, for Appellant. Steve R. Matheny, Office of the United States Attorney, Raleigh, North Carolina, for Appellee.

Before WILKINSON, NIEMEYER, and KING, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.


Wilbur Butler seeks to appeal the district court's order denying relief on his 28 U.S.C. § 2255 (2000) motion. 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 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 that Butler 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.


Summaries of

U.S. v. Butler

United States Court of Appeals, Fourth Circuit
Oct 24, 2007
251 F. App'x 810 (4th Cir. 2007)
Case details for

U.S. v. Butler

Case Details

Full title:UNITED STATES of America, Plaintiff-Appellee, v. Wilbur BUTLER…

Court:United States Court of Appeals, Fourth Circuit

Date published: Oct 24, 2007

Citations

251 F. App'x 810 (4th Cir. 2007)