Billy Sanders v. US

Filing 920090803

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-8277 BILLY JOE SANDERS, Petitioner - Appellant, v. UNITED STATES OF AMERICA, Respondent - Appellee. No. 08-8279 TAMMIE RAINES SANDERS, Petitioner - Appellant, v. UNITED STATES OF AMERICA, Respondent - Appellee. Appeals from the United States District Court for the Western District of North Carolina, at Asheville. Lacy H. Thornburg, District Judge. (1:06-cr-00030-LHT-DLH-1; 1:06-cr-00030-LHTDLH-2; 1:08-cv-00199-LHT; 1:08-cv-00200-LHT) Submitted: July 30, 2009 Decided: August 3, 2009 Before MOTZ, KING, and DUNCAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Charles Robinson Brewer, Asheville, North Carolina, for Appellants. Amy Elizabeth Ray, Assistant United States Attorney, Asheville, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. 2 PER CURIAM: In these consolidated appeals, Billy Joe Sanders and Tammie Raines Sanders seek to appeal the district court's orders denying relief on their 28 U.S.C.A. 2255 (West Supp. 2009) motions and the court's subsequent orders denying their motions for new trial. justice or The orders are not appealable unless a circuit issues a certificate of appealability. 28 judge U.S.C. 2253(c)(1) (2006). not issue absent "a A certificate of appealability will showing of the denial (2006). 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 the Sanders have not made of the requisite showing. and Accordingly, the we deny We legal certificates dispense appealability oral argument dismiss the appeals. and with because facts contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 3

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