US v. Jerry Cook

Filing 920090122

Opinion

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-7365 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JERRY COOK, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Leonie M. Brinkema, District Judge. (1:02-cr-00516-LDW-1; 1:05-cv-01076-LDW) Submitted: January 15, 2009 Decided: January 22, 2009 Before MOTZ and Circuit Judge. SHEDD, Circuit Judges, and HAMILTON, Senior Dismissed by unpublished per curiam opinion. Jerry Cook, Appellant Pro Se. Eugene Joseph Rossi, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Jerry Cook seeks to appeal the district court's order treating his "Motion for Review of Sentence Under Coram Nobis and New Case Law" as a successive 28 U.S.C.A. 2255 (West Supp. 2008) motion, and dismissing it on that basis. appealable unless a circuit justice or The order is not judge issues a A "a certificate of appealability. 28 U.S.C. 2253(c)(1) (2006). certificate of appealability will not issue absent substantial showing of the denial of a constitutional right." 28 U.S.C. by 2253(c)(2) demonstrating (2006). that A prisoner satisfies would this find standard reasonable jurists 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 (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). that we We have independently has not made motion reviewed the for the record and conclude Cook deny requisite a showing. of Accordingly, Cook's certificate 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 2

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