US v. Albert Burgess, Jr.
UNPUBLISHED PER CURIAM OPINION filed. A certificate of appealability is denied. Originating case number: 1:09-cr-00017-GCM-DLH-1, 1:16-cv-00377-FDW. Copies to all parties and the district court/agency . Mailed to: Albert Charles Burgess, Jr. [16-7733]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
ALBERT C. BURGESS, JR.,
Petitioner - Appellant,
UNITED STATES OF AMERICA,
Respondent - Appellee.
Appeal from the United States District Court for the Western
District of North Carolina, at Asheville.
Frank D. Whitney,
Chief District Judge.
March 14, 2017
Before FLOYD and
March 17, 2017
Dismissed by unpublished per curiam opinion.
Albert Charles Burgess, Jr., Appellant Pro Se. Kimlani M. Ford,
Cortney Randall, Edward R. Ryan, Assistant United States
Assistant United States Attorney, Asheville, North Carolina, for
Unpublished opinions are not binding precedent in this circuit.
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Albert Charles Burgess, Jr., seeks to appeal the district
(2012) motion. *
The order is not appealable unless a circuit
appealability will not issue absent “a substantial showing of
the denial of a constitutional right.”
28 U.S.C. § 2253(c)(2)
When the district court denies relief on the merits, a
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
debatable, and that the motion states a debatable claim of the
denial of a constitutional right.
Slack, 529 U.S. at 484-85.
Burgess filed a petition for a writ of habeas corpus under
28 U.S.C. § 1651 (2012).
The district court construed the
petition as a motion under 28 U.S.C. § 2255 challenging the 2010
criminal judgment entered following Burgess’ convictions under
18 U.S.C. § 2252(a) (2012).
Burgess has not challenged that
ruling on appeal.
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We have independently reviewed the record and conclude that
Burgess has not made the requisite showing.
this court and argument would not aid the decisional process.
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