US v. Rachel Reed

Filing 920080423

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-6110

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. RACHEL REED, Defendant - Appellant.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Samuel G. Wilson, District Judge. (7:05-cr-00079-SGW-1; 7:07-cv-00284-SGW-MFU)

Submitted:

April 17, 2008

Decided: April 23, 2008

Before WILKINSON, NIEMEYER, and MICHAEL, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Rachel Reed, Appellant Pro Se. C. Patrick Hogeboom, III, OFFICE OF THE UNITED STATES ATTORNEY, Roanoke, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Rachel Reed seeks to appeal the district court's order denying relief on her 28 U.S.C. § 2255 (2000) motion. not appealable unless a circuit justice or The order is issues a A

judge

certificate of appealability.

28 U.S.C. § 2253(c)(1) (2000).

certificate of appealability will not issue absent "a substantial showing of the denial of a constitutional right." § 2253(c)(2) (2000). that A prisoner satisfies would this 28 U.S.C. standard that by any

demonstrating

reasonable

jurists

find

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 (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 Reed has not made the requisite showing.* Accordingly, we deny a certificate of We dispense with oral

appealability and dismiss the appeal.

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

Reed's notice of appeal order denying her motion to U.S.C. § 3582(c)(2) (2000). copy of the notice of appeal clerk's office for filing.

*

also refers to the district court's reduce her sentence pursuant to 18 Pursuant to Fed. R. App. P. 4(d), a has been sent to the district court - 2 -