US v. Senh Phun

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--updating certificate of appealability status Originating case number: 1:10-cr-00446-LO-6,1:14-cv-00592-LO Copies to all parties and the district court/agency. [999787718]. Mailed to: Senh Phun. [15-7627]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-7627

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
SENH PHUN, a/k/a Sehn Phun, a/k/a Tommy,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria.
Liam O'Grady, District
Judge. (1:10-cr-00446-LO-6; 1:14-cv-00592-LO)

Submitted:

March 18, 2016

Decided:

April 4, 2016

Before MOTZ, DUNCAN, and DIAZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Senh Phun, Appellant Pro Se. Marc Birnbaum, Mary Katherine Barr
Daly, Assistant United States Attorneys, Alexandria, Virginia,
for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Senh

Phun

seeks

to

appeal

the

district

court’s

denying relief on his 28 U.S.C. § 2255 (2012) motion.

order

The order

is not appealable unless a circuit justice or judge issues a
certificate of appealability.
A

certificate

of

28 U.S.C. § 2253(c)(1)(B) (2012).

appealability

will

not

issue

absent

“a

substantial showing of the denial of a constitutional right.”
28 U.S.C. § 2253(c)(2) (2012).
relief

on

the

merits,

demonstrating
district

that

court’s

debatable

or

a

When the district court denies

prisoner

reasonable

assessment

wrong.

satisfies

jurists

would

of

the

v.

McDaniel,

Slack

this

standard

find

U.S.

that

the

claims

constitutional
529

by

is

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

claim of the denial of a constitutional right.

a

debatable

Slack, 529 U.S.

at 484-85.
We have independently reviewed the record and conclude that
Phun has not made the requisite showing.
certificate
dispense

of

with

appealability
oral

argument

and

dismiss

because

2

Accordingly, we deny a

the

the

appeal.

facts

and

We
legal

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contentions

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are

adequately

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presented

in

the

materials

before

this court and argument would not aid the decisional process.

DISMISSED

3