US v. Daryl Wilkes

Filing 920081126

Opinion

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-4542 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DARYL WILKES, a/k/a D, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Rebecca Beach Smith, District Judge. (2:03-cr-00161-RBS-1) Submitted: November 20, 2008 Decided: November 26, 2008 Before MOTZ and GREGORY, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Marvin D. Miller, Alexandria, Virginia, for Appellant. William David Muhr, Assistant United States Attorney, Norfolk, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Daryl Wilkes seeks to appeal the district court's order granting in part and denying in part his 28 U.S.C. 2255 (2000) motion. justice or judge The order is not appealable unless a circuit issues a certificate of appealability. 28 U.S.C. 2253(c)(1) (2000). not issue absent "a A certificate of appealability will showing of the denial (2000). of a A that the or substantial 28 constitutional prisoner reasonable right." this would by U.S.C. standard 2253(c)(2) by any satisfies jurists demonstrating assessment is of find the that constitutional claims district court debatable wrong and that any dispositive procedural ruling by the district court is likewise debatable. Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). We have independently reviewed the record and conclude that Wilkes has not made the of requisite showing. and Accordingly, dismiss the the we deny a We legal certificate dispense appealability oral argument appeal. and with because facts contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 2

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