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    United States v. Betea, 4th Cir. (2011)

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    This document summarizes a United States Court of Appeals case. Jermaine Betea sought to appeal the district court's denial of his 28 U.S.C. § 2255 motion and motion to alter or amend judgment. The appeals court reviewed the record independently and determined that Betea did not make the requisite showing to warrant a certificate of appealability. Specifically, he did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. As a result, the appeals court dismissed Betea's appeal.

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    United States v. Betea, 4th Cir. (2011)

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    This document summarizes a United States Court of Appeals case. Jermaine Betea sought to appeal the district court's denial of his 28 U.S.C. § 2255 motion and motion to alter or amend judgment. The appeals court reviewed the record independently and determined that Betea did not make the requisite showing to warrant a certificate of appealability. Specifically, he did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. As a result, the appeals court dismissed Betea's appeal.

    Original Description:

    Filed: 2011-03-18 Precedential Status: Non-Precedential Docket: 10-7015

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    This document summarizes a United States Court of Appeals case. Jermaine Betea sought to appeal the district court's denial of his 28 U.S.C. § 2255 motion and motion to alter or amend judgment. The appeals court reviewed the record independently and determined that Betea did not make the requisite showing to warrant a certificate of appealability. Specifically, he did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. As a result, the appeals court dismissed Betea's appeal.

    Copyright:

    Public Domain
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    1 views3 pages

    United States v. Betea, 4th Cir. (2011)

    Uploaded by

    Scribd Government Docs
    This document summarizes a United States Court of Appeals case. Jermaine Betea sought to appeal the district court's denial of his 28 U.S.C. § 2255 motion and motion to alter or amend judgment. The appeals court reviewed the record independently and determined that Betea did not make the requisite showing to warrant a certificate of appealability. Specifically, he did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. As a result, the appeals court dismissed Betea's appeal.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 10-7015

    UNITED STATES OF AMERICA,


    Plaintiff Appellee,
    v.
    JERMAINE BETEA,
    Defendant Appellant.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Alexandria.
    Claude M. Hilton, Senior
    District Judge. (1:09-cv-01414-CMH; 1:06-cr-00305-CMH-7)

    Submitted:

    March 11, 2011

    Decided:

    March 18, 2011

    Before GREGORY and KEENAN, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.

    Jermaine Betea, Appellant Pro Se. James Philip Gillis, Michael


    Edward Rich, Assistant United States Attorneys, Alexandria,
    Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Jermaine Betea seeks to appeal the district courts
    orders denying

    relief

    on

    his

    28

    U.S.C.A.

    2255

    (West

    Supp.

    2010) motion and denying his motion to alter or amend judgment.


    The orders are not appealable unless a circuit justice or judge
    issues a certificate of appealability.
    (2006).

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

    A certificate of appealability will not issue absent a

    substantial showing of the denial of a constitutional right.


    28 U.S.C. 2253(c)(2) (2006).
    relief

    on

    the

    demonstrating
    district
    debatable

    merits,
    that

    courts
    or

    When the district court denies

    prisoner

    reasonable

    assessment

    wrong.

    Slack

    satisfies

    jurists

    this

    would

    of

    the

    v.

    McDaniel,

    standard

    find

    constitutional
    529

    U.S.

    by

    that

    the

    claims

    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

    debatable

    claim of the denial of a constitutional right.

    Slack, 529 U.S.

    at

    the

    484-85.

    conclude

    We

    that

    have

    Betea

    independently
    has

    not

    made

    reviewed
    the

    record

    requisite

    and

    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

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