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U.S. v. Fields

United States Court of Appeals, Fourth Circuit
Sep 14, 2007
242 F. App'x 4 (4th Cir. 2007)

Opinion

No. 07-6439.

Submitted: September 11, 2007.

Decided: September 14, 2007.

Appeal from the United States District Court for the District of South Carolina, at Beaufort. Sol Blatt, Jr., Senior District Judge. (9:95-cr-00194-SB; 9:02-cv-03708-SB).

David Fields, Appellant Pro Se. Robert Hayden Bickerton, Assistant United States Attorney, Charleston, South Carolina, for Appellee.

Before WILKINSON, MOTZ, and TRAXLER, Circuit Judges.


Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.


David Fields seeks to appeal the district court's orders denying relief on his 28 U.S.C. § 2255 (2000) motion and motion to reconsider. The orders are 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. McDanid, 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 Fields 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. Fields

United States Court of Appeals, Fourth Circuit
Sep 14, 2007
242 F. App'x 4 (4th Cir. 2007)
Case details for

U.S. v. Fields

Case Details

Full title:UNITED STATES of America, Plaintiff — Appellee, v. David FIELDS, Defendant…

Court:United States Court of Appeals, Fourth Circuit

Date published: Sep 14, 2007

Citations

242 F. App'x 4 (4th Cir. 2007)