US v. Billy Burge

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:08-cr-00341-D-1,5:14-cv-00390-D Copies to all parties and the district court/agency. [999628019]. Mailed to: Billy Charles Burgess FCI PETERSBURG MEDIUM FEDERAL CORRECTIONAL INSTITUTION P. O. Box 1000 Petersburg, VA 23804. [15-6352]

Appeal: 15-6352

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Filed: 07/27/2015

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-6352

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
BILLY CHARLES BURGESS,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. James C. Dever, III, Chief
District Judge. (5:08-cr-00341-D-1)

Submitted:

July 23, 2015

Decided:

July 27, 2015

Before NIEMEYER and KING, Circuit Judges, and HAMILTON, Senior
Circuit Judge.

Dismissed by unpublished per curiam opinion.

Billy Charles Burgess, Appellant Pro Se. G. Norman Acker, III,
Ethan A. Ontjes, Assistant United States Attorneys, Seth Morgan
Wood, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North
Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 15-6352

Doc: 8

Filed: 07/27/2015

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PER CURIAM:
Billy Charles Burgess seeks to appeal the district court’s
order denying relief on his 28 U.S.C. § 2255 (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) (2012).

A certificate of appealability will not issue absent “a substantial
showing of the denial of a constitutional right.”
§ 2253(c)(2) (2012).

28 U.S.C.

When the district court denies relief on the

merits, a prisoner satisfies this standard by demonstrating that
reasonable jurists would find that the district 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).

When the district court denies relief on

procedural grounds, the prisoner must demonstrate both that the
dispositive procedural 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
Burgess has not made the 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

before

this

court

and

argument would not aid the decisional process.
DISMISSED
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