Académique Documents
Professionnel Documents
Culture Documents
No. 09-8201
Appeal from the United States District Court for the Eastern
District of Virginia, at Newport News.
Rebecca Beach Smith,
District Judge. (4:08-cr-00128-RBS-JEB-1)
Submitted:
Decided:
March 5, 2010
Joel Andrew Bayan, Appellant Pro Se. Lisa Rae McKeel, Assistant
United States Attorney, Newport News, Virginia, for Appellee.
PER CURIAM:
Joel Andrew Bayan seeks to appeal the district courts
order
treating
his
supplemental
brief
as
successive
28
basis.
justice
or
The
judge
order
issues
is
a
not
appealable
certificate
of
unless
circuit
appealability.
28
standard
by
demonstrating
that
A prisoner satisfies
reasonable
jurists
would
(4th
record
and
showing.
Cir.
2001).
conclude
that
We
have
Bayan
independently
has
not
made
reviewed
the
the
requisite
F.3d
200,
208
(4th
Cir.
2003).
2
In
order
to
obtain
assert
evidence,
would
not
be
evidence
claims
based
previously
sufficient
that,
but
to
for
on
either:
discoverable
establish
(1) newly
by
by
due
diligence,
clear
constitutional
discovered
error,
that
and
convincing
no
reasonable
28
U.S.C.A.
2255(h)
(West
Supp.
2009).
Bayans
Therefore, we
contentions
the
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
DISMISSED