US v. Anne Chamber
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case numbers: 3:94-cr-00089-REP-RCY-2, 3:16-cv-00370-REP-RCY. Copies to all parties and the district court. [1000107748]. Mailed to: Appellant. [17-6176]
Appeal: 17-6176
Doc: 5
Filed: 06/27/2017
Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 17-6176
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ANNE MARIE CHAMBERS, a/k/a Sugar, a/k/a Anne Marie Jack,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of Virginia, at
Richmond. Robert E. Payne, Senior District Judge. (3:94-cr-00089-REP-RCY-2; 3:16cv-00370-REP-RCY)
Submitted: June 22, 2017
Decided: June 27, 2017
Before GREGORY, Chief Judge, and FLOYD and HARRIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Anne Marie Chambers, Appellant Pro Se. Richard Daniel Cooke, Assistant United States
Attorney, David Vincent Harbach, II, Brian R. Hood, OFFICE OF THE UNITED
STATES ATTORNEY, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
Appeal: 17-6176
Doc: 5
Filed: 06/27/2017
Pg: 2 of 2
PER CURIAM:
Anne Marie Chambers seeks to appeal the district court’s order dismissing her 28
U.S.C. § 2255 (2012) motion as successive and unauthorized.
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.” 28 U.S.C. § 2253(c)(2) (2012). 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 Chambers 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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