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    United States v. Williams, 4th Cir. (2009)

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    The United States Court of Appeals for the Fourth Circuit dismissed Lloyd Williams' appeal of a district court order denying his motion to vacate, set aside, or correct his sentence. The court determined that Williams did not make the requisite showing that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. As a result, the court denied Williams a certificate of appealability and dismissed the appeal.

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    United States v. Williams, 4th Cir. (2009)

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    The United States Court of Appeals for the Fourth Circuit dismissed Lloyd Williams' appeal of a district court order denying his motion to vacate, set aside, or correct his sentence. The court determined that Williams did not make the requisite showing that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. As a result, the court denied Williams a certificate of appealability and dismissed the appeal.

    Original Description:

    Filed: 2009-01-12 Precedential Status: Non-Precedential Docket: 08-6740

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    The United States Court of Appeals for the Fourth Circuit dismissed Lloyd Williams' appeal of a district court order denying his motion to vacate, set aside, or correct his sentence. The court determined that Williams did not make the requisite showing that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. As a result, the court denied Williams a certificate of appealability and dismissed the appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    20 views2 pages

    United States v. Williams, 4th Cir. (2009)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Lloyd Williams' appeal of a district court order denying his motion to vacate, set aside, or correct his sentence. The court determined that Williams did not make the requisite showing that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. As a result, the court denied Williams a certificate of appealability and dismissed the appeal.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 08-6740

    UNITED STATES OF AMERICA,


    Plaintiff Appellee,
    v.
    LLOYD ANTHONIE WILLIAMS,
    Defendant Appellant.

    Appeal from the United States District Court for the Western
    District of North Carolina, at Asheville.
    Lacy H. Thornburg,
    District Judge. (4:98-cr-00144-LHT-1; 1:06-cv-00193-LHT)

    Submitted:

    October 30, 2008

    Decided:

    January 12, 2009

    Before WILKINSON, MICHAEL, and TRAXLER, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Lloyd Anthonie Williams, Appellant Pro Se.


    Thomas Richard
    Ascik, Assistant United States Attorney, Jerry Wayne Miller,
    OFFICE OF THE UNITED STATES ATTORNEY, Asheville, North Carolina,
    for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Lloyd Anthonie Williams seeks to appeal the district
    courts orders denying relief on his 28 U.S.C.A. 2255 (West
    2006 & West Supp. 2008) motion and his motion to reconsider.
    The orders are not appealable unless a circuit justice or judge
    issues a certificate of appealability.
    (2000).

    28 U.S.C. 2253(c)(1)

    A certificate of appealability will not issue absent a

    substantial showing of the denial of a constitutional right.


    28

    U.S.C.

    standard

    by

    2253(c)(2)

    (2006).

    demonstrating

    that

    prisoner

    reasonable

    satisfies

    jurists

    would

    this
    find

    that any assessment of the constitutional claims by the district


    court is debatable or wrong and that any dispositive procedural
    ruling by the district court is likewise debatable.

    Miller-El

    v. Cockrell, 537 U.S. 322, 336-38 (2003); Slack v. McDaniel, 529


    U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th
    Cir.

    2001).

    conclude

    We

    that

    Accordingly,

    we

    have

    independently

    Williams
    deny

    has

    not

    Williams

    reviewed

    made
    motions

    appealability and dismiss the appeal.

    the
    for

    the

    record

    requisite
    a

    and

    showing.

    certificate

    of

    We dispense with oral

    argument because the facts and legal contentions are adequately


    presented in the materials before the court and argument would
    not aid the decisional process.
    DISMISSED

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