US v. Gary Furbush
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case numbers: 4:05-cr-00037-RBS-FBS-6, 4:16-cv-00163-RBS. Copies to all parties and the district court. [1000027880]. Mailed to: Appellant. [16-7697]
Appeal: 16-7697
Doc: 9
Filed: 02/22/2017
Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-7697
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
GARY FURBUSH,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Newport News. Rebecca Beach Smith, Chief
District Judge. (4:05-cr-00037-RBS-FBS-6; 4:16-cv-00163-RBS)
Submitted:
February 16, 2017
Decided:
February 22, 2017
Before GREGORY, Chief Judge, DUNCAN, Circuit Judge, and HAMILTON,
Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Gary Furbush, Appellant Pro Se.
Eric Matthew Hurt, Assistant
United States Attorney, Newport News, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
Appeal: 16-7697
Doc: 9
Filed: 02/22/2017
Pg: 2 of 2
PER CURIAM:
Gary Furbush 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
Furbush 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
2
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