US v. Ryan Lansdowne

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion certificate of appealability (Local Rule 22(a)) [998740896-2] Originating case number: 1:00-cr-00185-TSE-1,1:11-cv-00112-TSE. Copies to all parties and the district court/agency. [998813770].. [11-7461]

Appeal: 11-7461

Document: 11

Date Filed: 03/20/2012

Page: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-7461

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
RYAN O’NEIL LANSDOWNE,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria.
T. S. Ellis, III, Senior
District Judge. (1:00-cr-00185-TSE-1; 1:11-cv-00112-TSE)

Submitted:

March 15, 2012

Decided:

March 20, 2012

Before WILKINSON and MOTZ, Circuit Judges, and HAMILTON, Senior
Circuit Judge.

Affirmed in part; dismissed in part by unpublished per curiam
opinion.

Ryan O’Neil Lansdowne, Appellant Pro Se.
Lawrence Joseph
Leiser, Assistant United States Attorney, Alexandria, Virginia,
for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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Date Filed: 03/20/2012

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PER CURIAM:
Ryan

O’Neil

Lansdowne

seeks

to

appeal

the

district

court’s orders (1) denying his motion for reduction of sentence
under 18 U.S.C. § 3582(c)(2) (2006) and denying relief on his 28
U.S.C.A. § 2255 (West Supp. 2011) motion; and (2) denying his
motion for reconsideration.
We

have

Lansdowne’s

reviewed

§ 3582(c)(2)

the

district

motion

court’s

and

his

reconsideration and find no reversible error.
affirm

the

district

court’s

orders

stated by the district court.

in

denial

request

of
for

Accordingly, we

part

for

the

reasons

United States v. Lansdowne, Nos.

1:00-cr-00185-TSE-1; 1:11-cv-00112-TSE (E.D. Va. filed Aug. 4,
2011 & entered Aug. 5, 2011; filed Nov. 8, 2011 & entered Nov.
9, 2011).
To the extent that the district court’s orders address
Lansdowne’s

request

appealable

unless

for
a

§ 2255

circuit

certificate of appealability.
A

certificate

of

relief,
justice

the

orders

or

judge

are
issues

not
a

28 U.S.C. § 2253(c)(1)(B) (2006).

appealability

will

not

issue

absent

“a

substantial showing of the denial of a constitutional right.”
28 U.S.C. § 2253(c)(2) (2006).
relief

on

the

demonstrating
district

merits,
that

court’s

a

When the district court denies

prisoner

reasonable

assessment

satisfies

jurists

of
2

the

would

this

standard

find

constitutional

by

that

the

claims

is

Appeal: 11-7461

Document: 11

debatable

or

Date Filed: 03/20/2012

wrong.

Slack

v.

Page: 3 of 3

McDaniel,

529

U.S.

473,

484

(2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003).
When the district court denies relief on procedural grounds, the
prisoner must demonstrate both that the dispositive procedural
ruling

is

debatable,

and

that

the

motion

states

claim of the denial of a constitutional right.

a

debatable

Slack, 529 U.S.

at 484-85.
We have independently reviewed the record and conclude
that Lansdowne has not made the requisite showing.

Accordingly,

we deny Lansdowne’s motion for a certificate of appealability
and dismiss the appeal in part.

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.
AFFIRMED IN PART;
DISMISSED IN PART

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