US v. Alvita Gunn

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion for bail/release pending appeal (Local Rule 9(a) and (b)) [999503518-2], updating certificate of appealability status Originating case number: 8:09-cr-00213-RWT-4,8:14-cv-00167-RWT Copies to all parties and the district court/agency. [999572926]. Mailed to: Alvita Karen Gunn. [14-7871]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-7871

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ALVITA KAREN GUNN,
Defendant - Appellant.

Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Roger W. Titus, Senior District Judge.
(8:09-cr-00213-RWT-4; 8:14-cv-00167-RWT)

Submitted:

April 23, 2015

Decided:

April 28, 2015

Before SHEDD, DUNCAN, and THACKER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Alvita Karen Gunn, Appellant Pro Se. Bryan E. Foreman, Lindsay
Eyler Kaplan, Christen Anne Sproule, Assistant United States
Attorneys, Adam Kenneth Ake, OFFICE OF THE UNITED STATES
ATTORNEY, Greenbelt, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Alvita

Karen

Gunn

seeks

to

appeal

the

district

court’s

order denying relief on her 28 U.S.C. § 2255 (2012) motion.

The

order is not appealable unless a circuit justice or judge issues
a

certificate

(2012).

of

appealability.

28

U.S.C.

§ 2253(c)(1)(B)

A certificate of appealability will not issue absent “a

substantial showing of the denial of a constitutional right.”
28 U.S.C. § 2253(c)(2) (2012).
relief

on

the

demonstrating
district

merits,
that

court’s

debatable

or

a

When the district court denies

prisoner

reasonable

assessment

wrong.

Slack

satisfies

jurists

this

would

of

the

v.

McDaniel,

standard

find

U.S.

that

the

claims

constitutional
529

by

is

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
Gunn has not made the requisite showing.

Accordingly, we deny a

certificate of appealability, deny Gunn’s motion for bail or
release pending appeal, and dismiss the appeal.

We dispense

with oral argument because the facts and legal contentions are

2

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adequately

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presented

in

the

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materials

before

this

court

and

argument would not aid the decisional process.
DISMISSED

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