US v. Megan Mosteller
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 4:11-cr-00270-TLW-1,4:14-cv-02843-TLW Copies to all parties and the district court/agency. [999684843].. [15-7031]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-7031
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MEGAN NICHOLE HANSON MOSTELLER,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Florence.
Terry L. Wooten, Chief District
Judge. (4:11-cr-00270-TLW-1; 4:14-cv-02843-TLW)
Submitted:
October 20, 2015
Decided:
October 23, 2015
Before MOTZ, KEENAN, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
John G. Reckenbeil, LAW OFFICE OF JOHN RECKENBEIL, LLC,
Spartanburg, South Carolina, for Appellant. William E. Day, II,
Assistant United States Attorney, Florence, South Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Megan Nichole Hanson Mosteller seeks to appeal the district
court’s order denying relief on her 28 U.S.C. § 2255 (2012)
motion.
judge
The order is not appealable unless a circuit justice or
issues
a
certificate
§ 2253(c)(1)(B) (2012).
issue
absent
“a
of
28
U.S.C.
A certificate of appealability will not
substantial
constitutional right.”
appealability.
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
Mosteller has not made the requisite showing.
Accordingly, we
deny a certificate of appealability and dismiss the appeal.
dispense
with
oral
argument
because
2
the
facts
and
We
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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