US v. Willie McCain

Filing 920091218

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7438 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. WILLIE JUNIOR MCCAIN, Defendant - Appellant. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Jackson L. Kiser, Senior District Judge. (4:05-cr-00011-jlk-1; 7:07-cv-00301-jlk-mfu) Submitted: December 15, 2009 Decided: December 18, 2009 Before MICHAEL and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Willie Junior McCain, Appellant Pro Se. Charlene Day, OFFICE OF THE UNITED STATES ATTORNEY, Roanoke, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Willie court's order Junior McCain his Fed. seeks R. to appeal P. the district for denying Civ. 60(b) motion reconsideration of the district court's order denying relief on his 28 U.S.C.A. 2255 (West Supp. 2009) motion. not appealable unless a circuit justice or The order is issues a judge certificate of appealability. Reid v. Angelone, of 369 F.3d 28 U.S.C. 2253(c)(1) (2006); 363, will 369 not (4th issue Cir. 2004). "a A certificate appealability absent substantial showing of the denial of a constitutional right." 28 U.S.C. by 2253(c)(2) (2006). that A prisoner satisfies would this find standard demonstrating 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 have independently has not made reviewed the the record and conclude McCain requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials 2 before the court and argument would not aid the decisional process. DISMISSED 3

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