US v. Karlheinz Wood

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 7:10-cr-00070-SGW-RSB-2, 7:12-80479-SGW-RSB. Copies to all parties and the district court/agency. [999074232]. Mailed to: Karlheinz Wood. [12-8085]

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Appeal: 12-8085 Doc: 8 Filed: 03/28/2013 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-8085 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. KARLHEINZ ANTHONY WOOD, Defendant - Appellant. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Samuel G. Wilson, District Judge. (7:10-cr-00070-SGW-RSB-2; 7:12-80479-SGW-RSB) Submitted: March 26, 2013 Decided: March 28, 2013 Before DUNCAN, FLOYD, and THACKER, Circuit Judges. Dismissed by unpublished per curiam opinion. Karlheinz Anthony Wood, Appellant Pro Se. Ronald Andrew Bassford, Craig Jon Jacobson, Assistant United States Attorneys, Roanoke, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. Appeal: 12-8085 Doc: 8 Filed: 03/28/2013 Pg: 2 of 3 PER CURIAM: Karlheinz Anthony Wood seeks to appeal the district court’s order denying relief on his 28 U.S.C.A. § 2255 (West Supp. 2012) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(B) (2006). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” (2006). 28 U.S.C. § 2253(c)(2) When the district court denies relief on the merits, a prisoner satisfies this jurists would reasonable standard find by that demonstrating the 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 demonstrate on both procedural that the When the district court grounds, dispositive the prisoner procedural must ruling is 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 Wood has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. dispense with oral argument because 2 the facts and We legal Appeal: 12-8085 Doc: 8 contentions Filed: 03/28/2013 are adequately Pg: 3 of 3 presented in the materials before this court and argument would not aid the decisional process. DISMISSED 3

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