US v. Jeannie Cosby
UNPUBLISHED PER CURIAM OPINION filed denying certificate of appealability. Originating case number: 1:07-cr-00033-MR-DLH-3. Copies to all parties and the district court. . Mailed to: Jeannie Cosby. [16-7343]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
JEANNIE LARGENT COSBY,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Asheville. Martin K. Reidinger,
District Judge. (1:07-cr-00033-MR-DLH-3)
December 20, 2016
December 22, 2016
Before GREGORY, Chief Judge, and WYNN and FLOYD, Circuit Judges.
Affirmed in part; dismissed in part by unpublished per curiam
Jeannie Largent Cosby, Appellant Pro Se.
Amy Elizabeth Ray,
Assistant United States Attorney, Asheville, North Carolina, for
Unpublished opinions are not binding precedent in this circuit.
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Jeannie Largent Cosby seeks to appeal the district court’s
28 U.S.C. Section 5555, Amendment 794 to Vacate, Set Aside, or
Correct Sentence by a Person in Federal Custody.”
With respect to the portion of the court’s order denying
Cosby’s effort to receive a sentence reduction under 18 U.S.C.
§ 3582(c)(2) (2012) based on Amendment 794 to the Sentencing
Guidelines, we have reviewed the record and find no reversible
Cosby, No. 1:07-cr-00033-MR-DLH-3 (W.D.N.C. Aug. 22, 2016).
Cosby’s motion as seeking relief under 28 U.S.C. § 2255 (2012)
certificate of appealability.
28 U.S.C. § 2253(c)(1)(B) (2012).
substantial showing of the denial of a constitutional right.”
28 U.S.C. § 2253(c)(2) (2012).
When the district court denies
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(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
claim of the denial of a constitutional right.
Slack, 529 U.S.
We have independently reviewed the record and conclude that
Cosby has not made the requisite showing.
Accordingly, we deny
a certificate of appealability and dismiss the appeal in part.
this court and argument would not aid the decisional process.
AFFIRMED IN PART;
DISMISSED IN PART
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