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United States v. Robert Sisk, 4th Cir. (2011)
United States v. Robert Sisk, 4th Cir. (2011)
No. 11-6714
Appeal from the United States District Court for the Western
District of North Carolina, at Asheville. Martin K. Reidinger,
District Judge. (1:01-cr-00052-MR-14; 1:05-cv-00312-MR)
Submitted:
Decided:
PER CURIAM:
Robert
Lionel
Sisk
seeks
to
appeal
the
district
28
U.S.C.A.
2255
circuit
justice
appealability.
or
(West
Supp.
2011)
motion,
and
issues
certificate
of
A certificate
28 U.S.C. 2253(c)(2)
prisoner
satisfies
this
jurists
would
reasonable
standard
find
by
that
demonstrating
the
district
that
courts
relief
demonstrate
on
both
procedural
that
the
grounds,
dispositive
the
prisoner
procedural
must
ruling
is
has
rulings.
forfeited
See
4th
appellate
Cir.
R.
review
34(b).
of
the
district
Accordingly,
Therefore,
we
courts
deny
(1)
discoverable
establish
newly
by
by
due
discovered
diligence,
clear
and
evidence,
that
convincing
would
not
be
evidence
previously
sufficient
that,
but
to
for
movant
guilty
of
the
offense;
or
(2)
new
rule
of
Sisks
criteria.
claim
does
not
satisfy
28 U.S.C.A.
either
of
these
2255 motion.
We dispense with oral argument because the facts and
legal
before
contentions
the
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
DISMISSED