US v. Gregory Wilson, No. 09-8075 (4th Cir. 2010)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-8075 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. GREGORY LAMONT WILSON, a/k/a Nice, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Baltimore. Marvin J. Garbis, Senior District Judge. (1:03-cr-00309-MJG-1; 1:08-cv-00160-MJG) Submitted: February 25, 2010 Decided: March 12, 2010 Before NIEMEYER, GREGORY, and AGEE, Circuit Judges. Dismissed by unpublished per curiam opinion. Michael Lawlor, LAWLOR & ENGLERT, LLC, Greenbelt, Maryland, for Appellant. Martin Joseph Clarke, Assistant United States Attorney, Baltimore, Maryland, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Gregory Lamont Wilson seeks to appeal the district court s order denying relief on his 28 U.S.C.A. § 2255 (West Supp. 2009) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2006). A certificate of appealability will not issue absent a substantial showing of the denial of a constitutional prisoner reasonable right. satisfies jurists constitutional 28 this by § 2253(c)(2) standard would claims U.S.C. find the that by demonstrating any district (2006). assessment court is A that of debatable the or wrong and that any dispositive procedural ruling by the district Miller-El v. Cockrell, 537 U.S. court is likewise debatable. 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 Wilson 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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