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    United States v. Saunders, 4th Cir. (2008)

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    This document summarizes a United States Court of Appeals case. Robert Saunders sought to appeal the district court's denial of his 28 U.S.C. § 2255 motion. The appeals court will not issue a certificate of appealability absent a substantial showing that Saunders was denied a constitutional right. The court independently reviewed the record and concluded that Saunders did not make the requisite showing. As a result, the court denied a certificate of appealability and dismissed the appeal without oral argument.

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    United States v. Saunders, 4th Cir. (2008)

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    This document summarizes a United States Court of Appeals case. Robert Saunders sought to appeal the district court's denial of his 28 U.S.C. § 2255 motion. The appeals court will not issue a certificate of appealability absent a substantial showing that Saunders was denied a constitutional right. The court independently reviewed the record and concluded that Saunders did not make the requisite showing. As a result, the court denied a certificate of appealability and dismissed the appeal without oral argument.

    Original Description:

    Filed: 2008-02-13 Precedential Status: Non-Precedential Docket: 07-7325

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    This document summarizes a United States Court of Appeals case. Robert Saunders sought to appeal the district court's denial of his 28 U.S.C. § 2255 motion. The appeals court will not issue a certificate of appealability absent a substantial showing that Saunders was denied a constitutional right. The court independently reviewed the record and concluded that Saunders did not make the requisite showing. As a result, the court denied a certificate of appealability and dismissed the appeal without oral argument.

    Copyright:

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

    United States v. Saunders, 4th Cir. (2008)

    Uploaded by

    Scribd Government Docs
    This document summarizes a United States Court of Appeals case. Robert Saunders sought to appeal the district court's denial of his 28 U.S.C. § 2255 motion. The appeals court will not issue a certificate of appealability absent a substantial showing that Saunders was denied a constitutional right. The court independently reviewed the record and concluded that Saunders did not make the requisite showing. As a result, the court denied a certificate of appealability and dismissed the appeal without oral argument.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT
    No. 07-7325

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    ROBERT E. SAUNDERS,
    Defendant - Appellant.
    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh.
    Terrence W. Boyle,
    District Judge. (7:05-cr-00120; 7:06-cv-00137-BO)
    Submitted:

    January 23, 2008

    Decided:

    February 13, 2008

    Before WILKINSON, MICHAEL, and TRAXLER, Circuit Judges.


    Dismissed by unpublished per curiam opinion.
    Robert E. Saunders, Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Robert E. Saunders seeks to appeal the district courts
    order denying relief on his 28 U.S.C. 2255 (2000) motion.

    The

    order is not appealable unless a circuit justice or judge issues a


    certificate of appealability.

    28 U.S.C. 2253(c)(1) (2000).

    certificate of appealability will not issue absent a substantial


    showing of the denial of a constitutional right.

    2253(c)(2)

    demonstrating

    (2000).
    that

    prisoner

    reasonable

    satisfies

    jurists

    would

    this

    28 U.S.C.
    standard

    find

    that

    by
    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).

    We have

    independently reviewed the record and conclude that Saunders 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 the court and argument would not
    aid the decisional process.

    DISMISSED

    - 2 -

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