US v. Julian Childs

Filing 920100225

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7874 UNITED STATES OF AMERICA, Plaintiff Appellee, v. JULIAN GRANT CHILDS, a/k/a Poncho, Defendant Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Richard L. Williams, Senior District Judge. (3:05-cr-00249-RLW-1; 3:06-cv-00421-RLW) Submitted: February 18, 2010 Decided: February 25, 2010 Before WILKINSON, MICHAEL, and KING, Circuit Judges. Dismissed by unpublished per curiam opinion. Julian Grant Childs, Appellant Pro Se. Gurney Wingate Grant, II, Assistant United States Attorney, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Julian Grant Childs seeks to appeal the district court's order denying relief on his 28 U.S.C.A. 2255 (West Supp. 2009) 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 Childs 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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