US v. Bao Le

Filing 920090529

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-6141

UNITED STATES OF AMERICA, Plaintiff ­ Appellee, v. BAO Q. LE, Defendant ­ Appellant.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Samuel G. Wilson, District Judge. (7:07-cr-00037-SGW-MFU-1; 7:08-cv-80036-SGW-MFU)

Submitted:

May 21, 2009

Decided:

May 29, 2009

Before MOTZ, TRAXLER, and AGEE, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Bao Q. Le, Appellant Pro Se. THE UNTIED STATES ATTORNEY, Appellee.

Stephen John Pfleger, OFFICE OF Charlottesville, Virginia, for

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Bao Q. Le seeks to appeal the district court's order denying motion. judge relief on his 28 U.S.C.A. § 2255 (West Supp. 2008)

The order is not appealable unless a circuit justice or issues a certificate of appealability. 28 U.S.C.

§ 2253(c)(1) (2006). issue absent "a

A certificate of appealability will not showing U.S.C. standard find the that of the denial of a A that the or

substantial 28

constitutional prisoner reasonable

right." this would by

§ 2253(c)(2) by any

(2006).

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 Le has not made the requisite showing. Accordingly, we deny a certificate We dispense with oral

of 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

2