US v. Mark Konsavich

Filing 920100119

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7677 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. MARK JAMES KONSAVICH, Defendant - Appellant. Appeal from the United States District Court for the Western District of Virginia, at Harrisonburg. Glen E. Conrad, District Judge. (5:05-cr-00019-gec-mfu-1; 5:08-cv-80100-gec) Submitted: December 16, 2009 Decided: January 19, 2010 Before NIEMEYER, KING, and GREGORY, Circuit Judges. Dismissed by unpublished per curiam opinion. Mark James Konsavich, Appellant Pro Se. Jeb Thomas Terrien, Assistant United States Attorney, Harrisonburg, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Mark James Konsavich seeks to appeal the district court's orders denying relief on his 28 U.S.C.A. 2255 (West Supp. 2009) motion and denying his motion for reconsideration. The orders are not appealable unless a circuit justice or judge issues a certificate of appealability. (2006). 28 U.S.C. 2253(c)(1) A certificate of appealability will not issue absent "a 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). We have independently reviewed the record and Konsavich's arguments on appeal and conclude Konsavich 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

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