US v. Fredrick Smith

Filing 920090604

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-8560 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. FREDRICK LAMAR SMITH, a/k/a Red Fred, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Spartanburg. Henry F. Floyd, District Judge. (7:03-cr-01094-HFF-2; 7:07-cv-70059-HFF) Submitted: May 28, 2009 Decided: June 4, 2009 Before WILKINSON, KING, and GREGORY, Circuit Judges. Dismissed by unpublished per curiam opinion. Fredrick Lamar Smith, Appellant Pro Se. Elizabeth Jean Howard, Assistant United States Attorney, Greenville, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Fredrick Lamar Smith seeks to appeal the district court's order denying relief on his 28 U.S.C.A. 2255 (West Supp. 2008) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. 2253(c)(1) (2006). A certificate of appealability will not issue absent "a substantial showing of the denial of a constitutional prisoner reasonable right." this would by 28 U.S.C. standard find the that 2253(c)(2) by any (2006). A that the or satisfies jurists demonstrating assessment is of 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 Smith 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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