US v. Mario Quiller
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case numbers: 5:10-cr-00295-BR-1,5:13-cv-00701-BR. Copies to all parties and the district court/agency. [999422765]. Mailed to: Mario Quiller. [14-6653]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-6653
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MARIO MONTAY QUILLER, a/k/a Mecca,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
W. Earl Britt, Senior
District Judge. (5:10-cr-00295-BR-1)
Submitted:
August 21, 2014
Decided:
August 26, 2014
Before SHEDD, AGEE, and KEENAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Mario Montay Quiller, Appellant Pro Se. Jennifer P. May-Parker,
Assistant United States Attorney, Shailika K. Shah, Denise
Walker, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Mario
Montay
§ 2253(c)(1)(B) (2012).
issue
absent
“a
of
U.S.C.
district
§ 2255
appealability.
28
(2012)
U.S.C.
A certificate of appealability will not
substantial
constitutional right.”
28
the
The order is not appealable unless a circuit justice or
certificate
his
appeal
motion.
a
on
to
order
issues
relief
seeks
court’s
judge
denying
Quiller
showing
of
the
denial
28 U.S.C. § 2253(c)(2) (2012).
of
a
When the
district court denies relief on the merits, a prisoner satisfies
this
standard
by
demonstrating
that
reasonable
jurists
would
find that the district court’s assessment of the constitutional
claims is debatable or wrong.
Slack v. McDaniel, 529 U.S. 473,
484
Cockrell,
(2000);
(2003).
see
Miller-El
v.
537
U.S.
322,
336-38
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 a
debatable claim of the denial of a constitutional right.
Slack,
529 U.S. at 484-85.
We have independently reviewed the record and conclude
that Quiller has not made the requisite showing.
Accordingly,
we deny a certificate of appealability and dismiss the appeal.
We
dispense
with
oral
argument
2
because
the
facts
and
legal
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contentions
are
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adequately
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presented
in
the
materials
before
this court and argument would not aid the decisional process.
DISMISSED
3
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