Professional Documents
Culture Documents
No. 16-6253
Appeal from the United States District Court for the Western
District of North Carolina, at Asheville.
Graham C. Mullen,
Senior District Judge. (1:09-cr-00017-GCM-DLH-1)
Submitted:
Decided:
PER CURIAM:
Albert
Charles
Burgess,
Jr.,
notes
an
appeal
from
the
sentence
(2012)
was
motion.
in
substance
The
portion
of
successive
the
28
district
U.S.C.
courts
2255
order
judge
issues
certificate
2253(c)(1)(B) (2012).
issue
absent
appealability.
28
U.S.C.
substantial
constitutional right.
of
showing
of
the
denial
of
When the
standard
by
demonstrating
that
reasonable
jurists
would
484
Cockrell,
(2000);
(2003).
see
Miller-El
v.
537
U.S.
322,
336-38
Slack,
motion
convictions
and
2255 motion.
to
set
should
aside
have
challenged
been
the
validity
construed
as
of
his
successive
(2005); United States v. Winestock, 340 F.3d 200, 207 (4th Cir.
2003).
court,
the
district
court
lacked
jurisdiction
to
hear
did
not
Superintendent,
establish
Va.
State
the
requisite
Farm,
460
F.2d
Burgess transcript
need
150,
under
152
Jones
(4th
v.
Cir.
of
discovering
some
flaw.
(quoting
United
States
v.
Accordingly, we
affirm
order.
this
portion
of
the
district
courts
United
2016).
legal
before
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
DISMISSED IN PART;
AFFIRMED IN PART