Scribd Logo
Upload

Welcome to Scribd!

  • 26 views

    United States v. Ziadeh, 4th Cir. (2006)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Joseph Ziadeh's appeal of a district court order that denied his motion for relief under 28 U.S.C. § 2255 and denied his motion for a certificate of appealability. The appeals court independently reviewed the record and determined that Ziadeh did not make a substantial showing of the denial of a constitutional right, as required for a certificate of appealability. Therefore, the court dismissed Ziadeh's appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd

    United States v. Ziadeh, 4th Cir. (2006)

    Uploaded by

    Scribd Government Docs
    26 views3 pages
    The United States Court of Appeals for the Fourth Circuit dismissed Joseph Ziadeh's appeal of a district court order that denied his motion for relief under 28 U.S.C. § 2255 and denied his motion for a certificate of appealability. The appeals court independently reviewed the record and determined that Ziadeh did not make a substantial showing of the denial of a constitutional right, as required for a certificate of appealability. Therefore, the court dismissed Ziadeh's appeal.

    Original Description:

    Filed: 2006-04-19 Precedential Status: Non-Precedential Docket: 05-7513

    Copyright

    © Public Domain

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The United States Court of Appeals for the Fourth Circuit dismissed Joseph Ziadeh's appeal of a district court order that denied his motion for relief under 28 U.S.C. § 2255 and denied his motion for a certificate of appealability. The appeals court independently reviewed the record and determined that Ziadeh did not make a substantial showing of the denial of a constitutional right, as required for a certificate of appealability. Therefore, the court dismissed Ziadeh's appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    26 views3 pages

    United States v. Ziadeh, 4th Cir. (2006)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Joseph Ziadeh's appeal of a district court order that denied his motion for relief under 28 U.S.C. § 2255 and denied his motion for a certificate of appealability. The appeals court independently reviewed the record and determined that Ziadeh did not make a substantial showing of the denial of a constitutional right, as required for a certificate of appealability. Therefore, the court dismissed Ziadeh's appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    You are on page 1of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 05-7513

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    JOSEPH ZIADEH,
    Defendant - Appellant.

    No. 05-7571

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    JOSEPH ZIADEH,
    Defendant - Appellant.

    Appeals from the United States District Court for the Eastern
    District of Virginia, at Richmond. Richard L. Williams, Senior
    District Judge. (CR-02-273)

    Submitted:

    March 31, 2006

    Decided:

    April 19, 2006

    Before TRAXLER, GREGORY, and DUNCAN, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Joseph Ziadeh, Appellant Pro Se. Gurney Wingate Grant, II, OFFICE
    OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    - 2 -

    PER CURIAM:
    Joseph Ziadeh, a federal prisoner, seeks to appeal the
    district courts order denying relief on his 28 U.S.C. 2255
    (2000) motion and a subsequent order denying his motion for a
    certificate of appealability.

    An appeal may not be taken from the

    final order in a habeas corpus proceeding unless a circuit justice


    or

    judge

    issues

    certificate

    of

    appealability.

    28

    U.S.C.

    2253(c)(1) (2000). 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) (2000).

    A prisoner satisfies this

    standard by demonstrating that reasonable jurists would find that


    the district courts assessment of his constitutional claims is
    debatable and that any dispositive procedural rulings by the
    district court are also debatable or wrong.

    See Miller-El v.

    Cockrell, 537 U.S. 322, 336 (2003); Slack v. McDaniel, 529 U.S.
    473, 484 (2000); Rose v. Lee, 252 F.3d 676, 683 (4th Cir. 2001).
    We have independently reviewed the record and conclude that Ziadeh
    has not made the requisite showing.

    Accordingly, we deny Ziadehs

    motion for 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 the


    court and argument would not aid the decisional process.

    DISMISSED

    - 3 -

    You might also like