US v. Griffin, No. 07-7350 (4th Cir. 2008)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-7350 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus CHRISTOPHE GRIFFIN, a/k/a Roger Small, a/k/a Flame, Defendant - Appellant. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Norman K. Moon, District Judge. (3:04-cr-00030-NKM; 7:06-cv-00396-NKM) Submitted: January 30, 2008 Decided: February 21, 2008 Before NIEMEYER, MOTZ, and DUNCAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Dana Roger Cormier, DANA R. CORMIER, PLC, Staunton, Virginia, for Appellant. Ruth Elizabeth Plagenhoef, Assistant United States Attorney, Roanoke, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Christophe Griffin seeks to appeal the district court s order accepting the recommendation of the magistrate judge and denying relief on his 28 U.S.C. § 2255 (2000) motion. not appealable unless a circuit issues a 28 U.S.C. § 2253(c)(1) (2000). certificate of appealability. justice or The order is judge A certificate of appealability will not issue absent a substantial showing of the denial of a constitutional right. § 2253(c)(2) demonstrating (2000). that A 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 Griffin 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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