US v. Gary Hall

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UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:02-cr-00252-JFM-1 Copies to all parties and the district court/agency. [998416209] [10-6276]

US v. Gary Hall

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Case: 10-6276 Document: 13

Date Filed: 09/01/2010

Page: 1

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-6276 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. GARY HALL, Defendant - Appellant.

Appeal from the United States District Court for the District of Maryland, at Baltimore. J. Frederick Motz, District Judge. (1:02-cr-00252-JFM-1) Submitted: August 26, 2010 Decided: September 1, 2010

Before KING and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Gary Hall, Appellant Pro Se. John Francis Assistant United States Attorney, Baltimore, Appellee. Purcell, Jr., Maryland, for

Unpublished opinions are not binding precedent in this circuit.

Dockets.Justia.com

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PER CURIAM: Gary Hall seeks to appeal the district court's order denying his Fed. R. Civ. P. 60(b) motion for reconsideration of the district court's order denying relief on his 28 U.S.C.A. § 2255 (West Supp. 2010) motion. unless a circuit justice or The order is not appealable issues a certificate of

judge

appealability. 369 F.3d 363,

28 U.S.C. § 2253(c)(1) (2006); Reid v. Angelone, 369 (4th Cir. 2004). A certificate of

appealability will not issue absent "a substantial showing of the denial of a constitutional right." (2006). prisoner reasonable 28 U.S.C. § 2253(c)(2)

When the district court denies relief on the merits, a satisfies jurists this would standard find that by the demonstrating district that

court's

assessment of the constitutional claims is debatable or wrong. Slack v. McDaniel, 529 U.S. 473, 484 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003). denies relief both on procedural the When the district court the prisoner ruling must is

grounds,

demonstrate

that

dispositive

procedural

debatable, and that the motion states a debatable claim of the denial of a constitutional right. Slack, 529 U.S. at 484-85.

We have independently reviewed the record and conclude that Hall has not made the requisite showing. certificate dispense of appealability oral argument and Accordingly, we deny a the appeal. and We legal

dismiss the

with

because 2

facts

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contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED

3