United States of America v. Sean Shaka Myles

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-7136
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
SEAN SHAKA MYLES,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. J. Frederick Motz, District Judge. (CR-
01-35; CA-04-1246-JFM)
Submitted: September 16, 2004 Decided: September 24, 2004
Before LUTTIG, KING, and DUNCAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Sean Shaka Myles, Appellant Pro Se. Harvey Ellis Eisenberg,
Assistant United States Attorney, Baltimore, Maryland, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Sean Shaka Myles seeks to appeal the district court’s
order denying relief on his motion filed under 28 U.S.C. § 2255
(2000). 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 for claims addressed by
the 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
that Myles has not made the requisite showing. See Miller-El v.
Cockrell, 537 U.S. 322, 336 (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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