US v. Chong Chen, No. 13-7197 (4th Cir. 2013)
Annotate this Case
Download PDF
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-7197 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. CHONG CHAO CHEN, a/k/a 21, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Baltimore. William D. Quarles, Jr., District Judge. (1:94-cr-00156-FNS-1; 1:13-cv-01698-WDQ) Submitted: October 22, 2013 Decided: October 25, 2013 Before WILKINSON, NIEMEYER, and THACKER, Circuit Judges. Dismissed by unpublished per curiam opinion. Chong Chao Chen, Appellant Pro Norman, OFFICE OF THE UNITED Maryland, for Appellee. Se. Andrew George Warrens STATES ATTORNEY, Baltimore, Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Chong Chao Chen seeks to appeal the district court s order denying as successive his Fed. R. Civ. P. 60(b) motion for reconsideration a prior order denying relief on his 28 U.S.C.A. § 2255 (West Supp. 2013) motion. unless a circuit appealability. justice or The order is not appealable judge issues a certificate 28 U.S.C. § 2253(c)(1)(B) (2006). of A certificate of appealability will not issue absent a substantial showing of the denial of a constitutional right. (2006). 28 U.S.C. § 2253(c)(2) When the district court denies relief on the merits, a prisoner satisfies this jurists would reasonable standard find by that demonstrating the district that court s assessment of the constitutional claims is debatable or wrong. Slack v. McDaniel, 529 U.S. 473, 484 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003). denies relief demonstrate on both procedural that the When the district court grounds, dispositive the prisoner procedural must ruling is debatable, and that the motion states a debatable claim of the denial of a constitutional right. Slack, 529 U.S. at 484-85. We have independently reviewed the record and conclude that Chen has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. dispense with oral argument because 2 the facts and We legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. DISMISSED 3
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
