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United States v. Tavarras Rhodes, 4th Cir. (2013)
United States v. Tavarras Rhodes, 4th Cir. (2013)
United States v. Tavarras Rhodes, 4th Cir. (2013)
No. 13-6224
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
Robert E. Payne, Senior
District Judge. (3:08-cr-00082-REP-2; 3:11-cv-00109-REP)
Submitted:
Decided:
PER CURIAM:
Tavarras Rhodes seeks to appeal the district courts
orders denying
2013)
motion
motion.
relief
and
on
his
denying
28
his
U.S.C.A.
18
U.S.C.
2255
(West
3582(c)(2)
Supp.
(2006)
order
circuit
appealability.
denying
justice
2255
or
relief
judge
is
issues
not
appealable
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
both
on
procedural
that
the
grounds,
dispositive
the
prisoner
procedural
ruling
must
is
Accordingly, we
Rhodes
sought
eliminated
the
Sentencing
Guidelines
relief
recency
based
enhancement
Manual
on
Amendment
previously
4A1.1(e).
742,
found
Under
In
which
in
U.S.
3582(c)(2),
the
Guidelines
3582(c)(2);
see
as
also
retroactively
USSG
applicable.
1B1.10(a)(2)(A),
18
U.S.C.
(c),
p.s.
See United
States v. Dunphy, 551 F.3d 247, 249 n.2 (4th Cir. 2009).
We
we
deny
certificate
of
appealability
appointment
dispense
of
counsel
is
denied.
We
with
oral
DISMISSED IN PART;
AFFIRMED IN PART