United States of America v. Larry Kenneth Speed, a/k/a Kenny Speed, a/k/a Kenneth Richard Godfrey

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7912
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
LARRY KENNETH SPEED, a/k/a Kenny Speed, a/k/a
Kenneth Richard Godfrey,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Raymond A. Jackson, District
Judge. (CR-00-92, CA-02-230-2)
Submitted: April 24, 2003 Decided: May 1, 2003
Before NIEMEYER, GREGORY, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Larry Kenneth Speed, Appellant Pro Se. Laura P. Tayman, OFFICE OF
THE UNITED STATES ATTORNEY, Norfolk Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Larry Speed seeks to appeal the district court’s order
denying his 28 U.S.C. § 2255 (2000) motion. An appeal may not be
taken from the final order in a motion under § 2255 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 for claims addressed by a district court on the merits absent
“a substantial showing of the denial of a constitutional right.”
28 U.S.C. § 2253(c)(2) (2000). We have independently reviewed the
record and conclude Speed has not made the requisite showing. See
Miller-El v. Cockrell, U.S. , 123 S. Ct. 1029 (2003).
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

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