Professional Documents
Culture Documents
United States v. Witherspoon, 4th Cir. (2009)
United States v. Witherspoon, 4th Cir. (2009)
No. 08-8484
Appeal from the United States District Court for the Western
District of North Carolina, at Statesville.
Richard L.
Voorhees, District Judge.
(5:04-cr-00005-RLV-DCK-1; 5:07-cv00021-RLV)
Submitted:
SHEDD,
Circuit
Decided:
Judges,
and
HAMILTON,
Senior
PER CURIAM:
Marvin Harold Witherspoon seeks to appeal the district
courts
order
motion.
judge
denying
relief
his
28
U.S.C.
2255
(2000)
certificate
2253(c)(1) (2000).
issue
on
absent
constitutional
prisoner
substantial
right.
jurists
constitutional
appealability.
28
U.S.C.
satisfies
reasonable
of
28
this
would
claims
by
showing
U.S.C.
the
the
denial
2253(c)(2)
standard
find
of
by
that
district
of
(2000).
demonstrating
any
assessment
court
is
a
A
that
of
the
debatable
or
322, 336-38 (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000);
Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001).
We have
of
with
appealability
oral
argument
and
Accordingly, we deny a
dismiss
because
the
the
appeal.
facts
and
We
legal
DISMISSED