US v. Larry Speed, No. 14-6494 (4th Cir. 2014)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-6494 UNITED STATES OF AMERICA, Plaintiff Appellee, v. LARRY KENNETH SPEED, a/k/a Kenneth Richard Godfrey, a/k/a Kenny Speed, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Raymond A. Jackson, District Judge. (2:00-cr-00092-RAJ-1; 2:13-cv-00589-RAJ) Submitted: July 24, 2014 Before FLOYD and Circuit Judge. THACKER, Decided: Circuit Judges, and July 29, 2014 DAVIS, Senior Dismissed by unpublished per curiam opinion. Larry Kenneth Speed, Appellant Pro Assistant United States Attorney, Appellee. Se. Randy Carl Stoker, Norfolk, Virginia, for Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Larry Kenneth Speed seeks to appeal the district court s orders denying relief on his 28 U.S.C. § 2255 (2012) motion and Fed. R. Civ. P. 59(e) motion. appealable unless a circuit certificate of appealability. A certificate of justice The orders are not or judge issues a 28 U.S.C. § 2253(c)(1)(B) (2012). appealability will not issue absent a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(2) (2012). relief on the demonstrating district merits, that court s debatable or a When the district court denies prisoner reasonable assessment wrong. satisfies jurists would of the v. McDaniel, Slack this standard find U.S. that the claims constitutional 529 by is 473, 484 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the motion states claim of the denial of a constitutional right. a debatable Slack, 529 U.S. at 484-85. We have independently reviewed the record and conclude that Speed 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
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