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    United States v. Spry, 4th Cir. (2007)

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    This document summarizes a United States Court of Appeals case. Marvin Spry sought to appeal the district court's denial of relief on his 28 U.S.C. § 2255 motion. The appeals court will not hear an appeal unless a certificate of appealability is issued, which requires the appellant to demonstrate the denial of a constitutional right. The appeals court independently reviewed Spry's case and determined he did not make the required showing to justify issuing a certificate. Therefore, the court dismissed Spry's appeal.

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    United States v. Spry, 4th Cir. (2007)

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    This document summarizes a United States Court of Appeals case. Marvin Spry sought to appeal the district court's denial of relief on his 28 U.S.C. § 2255 motion. The appeals court will not hear an appeal unless a certificate of appealability is issued, which requires the appellant to demonstrate the denial of a constitutional right. The appeals court independently reviewed Spry's case and determined he did not make the required showing to justify issuing a certificate. Therefore, the court dismissed Spry's appeal.

    Original Description:

    Filed: 2007-03-13 Precedential Status: Non-Precedential Docket: 06-7612

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    This document summarizes a United States Court of Appeals case. Marvin Spry sought to appeal the district court's denial of relief on his 28 U.S.C. § 2255 motion. The appeals court will not hear an appeal unless a certificate of appealability is issued, which requires the appellant to demonstrate the denial of a constitutional right. The appeals court independently reviewed Spry's case and determined he did not make the required showing to justify issuing a certificate. Therefore, the court dismissed Spry's appeal.

    Copyright:

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    7 views2 pages

    United States v. Spry, 4th Cir. (2007)

    Uploaded by

    Scribd Government Docs
    This document summarizes a United States Court of Appeals case. Marvin Spry sought to appeal the district court's denial of relief on his 28 U.S.C. § 2255 motion. The appeals court will not hear an appeal unless a certificate of appealability is issued, which requires the appellant to demonstrate the denial of a constitutional right. The appeals court independently reviewed Spry's case and determined he did not make the required showing to justify issuing a certificate. Therefore, the court dismissed Spry's appeal.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 06-7612

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    MARVIN SPRY,
    Defendant - Appellant.

    Appeal from the United States District Court for the Southern
    District of West Virginia, at Charleston. John T. Copenhaver, Jr.,
    District Judge. (2:01-cr-00011-1; 2:03-cv-2317)

    Submitted:

    February 26, 2007

    Decided:

    March 13, 2007

    Before MICHAEL, MOTZ, and KING, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    M. Timothy Koontz, Williamson, West Virginia, for Appellant. John


    Castle Parr, OFFICE OF THE UNITED STATES ATTORNEY, Wheeling, West
    Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Marvin Spry seeks to appeal the district courts order
    accepting the recommendation of the magistrate judge and denying
    relief on his 28 U.S.C. 2255 (2000) motion.

    The order is not

    appealable unless a circuit justice or judge issues a 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 any assessment of the constitutional claims
    by

    the

    district

    court

    is

    debatable

    or

    wrong

    and

    that

    any

    dispositive procedural ruling by the district court is likewise


    debatable.

    Miller-El v. Cockrell, 537 U.S. 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 independently reviewed the

    record and conclude that Spry 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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