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U.S. v. Sehen

United States Court of Appeals, Fourth Circuit
Aug 22, 2008
290 F. App'x 553 (4th Cir. 2008)

Opinion

No. 08-7050.

Submitted: August 14, 2008.

Decided: August 22, 2008.

Appeal from the United States District Court for the Western District of Virginia, at Danville. Norman K. Moon, District Judge. (4:02-cr-70128-nkm-mfu-1; 4:08-cv-80043-nkm-mfu).

William Franklin Sehen, Appellant Pro Se. Anthony Paul Giorno, Assistant United States Attorney, Roanoke, Virginia, for Appellee.

Before MICHAEL, Circuit Judge, and WILKINS and HAMILTON, Senior Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.


William Franklin Sehen 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 Sehen 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. Sehen

United States Court of Appeals, Fourth Circuit
Aug 22, 2008
290 F. App'x 553 (4th Cir. 2008)
Case details for

U.S. v. Sehen

Case Details

Full title:UNITED STATES of America, Plaintiff-Appellee, v. William Franklin SEHEN…

Court:United States Court of Appeals, Fourth Circuit

Date published: Aug 22, 2008

Citations

290 F. App'x 553 (4th Cir. 2008)

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