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    United States v. Frye, 4th Cir. (2004)

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    The United States Court of Appeals for the Fourth Circuit dismissed James Preston Frye's appeal of a district court's denial of his motion for relief under 28 U.S.C. § 2255. The court determined that Frye did not make a substantial showing that his constitutional rights were denied, as required to issue a certificate of appealability. The court independently reviewed the record and concluded Frye had not shown that reasonable jurists would find his constitutional claims debatable or that the district court's procedural rulings were debatable or wrong. Therefore, the court denied a certificate of appealability and dismissed the appeal.

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    United States v. Frye, 4th Cir. (2004)

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    The United States Court of Appeals for the Fourth Circuit dismissed James Preston Frye's appeal of a district court's denial of his motion for relief under 28 U.S.C. § 2255. The court determined that Frye did not make a substantial showing that his constitutional rights were denied, as required to issue a certificate of appealability. The court independently reviewed the record and concluded Frye had not shown that reasonable jurists would find his constitutional claims debatable or that the district court's procedural rulings were debatable or wrong. Therefore, the court denied a certificate of appealability and dismissed the appeal.

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    Filed: 2004-02-20 Precedential Status: Non-Precedential Docket: 03-7355

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    The United States Court of Appeals for the Fourth Circuit dismissed James Preston Frye's appeal of a district court's denial of his motion for relief under 28 U.S.C. § 2255. The court determined that Frye did not make a substantial showing that his constitutional rights were denied, as required to issue a certificate of appealability. The court independently reviewed the record and concluded Frye had not shown that reasonable jurists would find his constitutional claims debatable or that the district court's procedural rulings were debatable or wrong. Therefore, the court denied a certificate of appealability and dismissed the appeal.

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    United States v. Frye, 4th Cir. (2004)

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    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed James Preston Frye's appeal of a district court's denial of his motion for relief under 28 U.S.C. § 2255. The court determined that Frye did not make a substantial showing that his constitutional rights were denied, as required to issue a certificate of appealability. The court independently reviewed the record and concluded Frye had not shown that reasonable jurists would find his constitutional claims debatable or that the district court's procedural rulings were debatable or wrong. Therefore, the court denied a certificate of appealability and dismissed the appeal.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 03-7355

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    JAMES PRESTON FRYE, a/k/a Jamie Frye,
    Defendant - Appellant.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Richmond.
    James R. Spencer, District
    Judge. (CR-01-167; CA-03-302-3)

    Submitted: February 12, 2004

    Decided: February 20, 2004

    Before LUTTIG, WILLIAMS, and MOTZ, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    James Preston Frye, Appellant Pro Se. Brian Ronald Hood, Assistant
    United States Attorney, Richmond, Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    James Preston Frye, Jr., seeks to appeal the district
    courts order denying relief on his motion filed under 28 U.S.C.
    2255 (2000).
    or

    judge

    The order is appealable only if a circuit justice

    issues

    certificate

    of

    appealability.

    28

    U.S.C.

    2253(c)(1) (2000). 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) (2000).

    A prisoner satisfies this

    standard by demonstrating that reasonable jurists would find that


    his constitutional claims are debatable and that any dispositive
    procedural rulings by the district court are also debatable or
    wrong.

    See Miller-El v. Cockrell, 537 U.S. 322, 336 (2003);

    Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d
    676, 683 (4th Cir. 2001).

    We have independently reviewed the

    record and conclude that Frye has not made the requisite 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

    - 2 -

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