(DOWNLOAD) "United States v. Whitehead" by Fourth Circuit U.S. Court Of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: United States v. Whitehead
- Author : Fourth Circuit U.S. Court Of Appeals
- Release Date : January 15, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
Jeffrey Whitehead seeks to appeal from the district courts orders denying his motion filed pursuant to 28 U.S.C.A. § 2255 (West 1994 & Supp. 1999), and denying his application for a certificate of appealability. Our review of the record discloses that this appeal is without merit. The notice of appeal was filed within sixty days of the denial of Whiteheads motion for a certificate of appealability, but outside of the appeal period for the underlying denial. Because the notice of appeal was untimely as to the dismissal on the merits, we do not have jurisdiction to consider that order, and we dismiss the appeal as to that order. See Browder v. Director, Dept of Corrections, 434 U.S. 257, 268-69 (1978); Dove v. CODESCO, 569 F.2d 807, 809 (4th Cir. 1978). We find that the district courts denial of Whiteheads application for a certificate of appealability was proper because he failed to demonstrate the denial of a substantial constitutional right. See 28 U.S.C. § 2253(c)(3) (West 1994 & Supp. 1999). Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. 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
 "United States v. Whitehead" by Fourth Circuit U.S. Court Of Appeals # eBook PDF Kindle ePub Free){kind=link}