# United States v. Brown

> Court of Appeals for the Fourth Circuit · March 19, 2004 · 90 F. App'x 55

URL: https://www.frixlaw.com/law-library/cases/1012764

## Case

- **Full name:** UNITED STATES of America, Plaintiff-Appellee, v. Sammie Lee BROWN, Jr., A/K/A Sammie L. Brown, Defendant-Appellant
- **Court:** Court of Appeals for the Fourth Circuit
- **Decided:** March 19, 2004
- **Citations:** 90 F. App'x 55
- **Precedential status:** Unpublished
- **Opinion:** Opinion
- **Judges:** Widener, Wilkinson, Michael
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

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## Opinion text

UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 04-6101

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

SAMMIE LEE BROWN, JR., a/k/a Sammie L. Brown,

Defendant - Appellant.

Appeal from the United States District Court for the District of
South Carolina, at Columbia. Joseph F. Anderson, Jr., Chief
District Judge. (CR-99-489; CA-02-4167-3-17)

Submitted: March 11, 2004 Decided: March 19, 2004

Before WIDENER, WILKINSON, and MICHAEL, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Sammie Lee Brown, Jr., Appellant Pro Se. Nancy Chastain Wicker,
OFFICE OF THE UNITED STATES ATTORNEY, Columbia, South Carolina, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:

Sammy Lee Brown, Jr., appeals from the denial of his 28

U.S.C. § 2255 (2000) motion to vacate his sentence. An appeal may

not be taken from the final order in a § 2255 proceeding 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 jurists of reason

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. McDanial, 529 U.S. 473, 484 (2000); Rose v. Lee,

252 F.3d 676, 683 (4th Cir. 2001).

We have reviewed the record and conclude that Brown has

not made the requisite showing. We therefore 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 in the decisional process.

DISMISSED

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/1012764. Public record. Not legal advice.