US v. Anthony Harri
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:10-cr-00289-TDS-1,1:13-cv-00232-TDS-JEP Copies to all parties and the district court. . Mailed to: Anthony Vonn Harris. [16-6106]
Pg: 1 of 3
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
ANTHONY VONN HARRIS, a/k/a Anthony Vonne Harris,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. Thomas D. Schroeder,
District Judge. (1:10-cr-00289-TDS-1; 1:13-cv-00232-TDS-JEP)
June 23, 2016
June 28, 2016
Before MOTZ, KING, and WYNN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Anthony Vonn Harris, Appellant Pro Se. Clifton Thomas Barrett,
Harry L. Hobgood, Angela Hewlett Miller, Assistant United States
Attorneys, Greensboro, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
Pg: 2 of 3
Anthony Vonn Harris seeks to appeal the district court’s
order accepting the recommendation of the magistrate judge and
denying relief on his 28 U.S.C. § 2255 (2012) motion.
is not appealable unless a circuit justice or judge issues a
certificate of appealability.
28 U.S.C. § 2253(c)(1)(B) (2012).
substantial showing of the denial of a constitutional right.”
28 U.S.C. § 2253(c)(2) (2012).
When the district court denies
(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
claim of the denial of a constitutional right.
Slack, 529 U.S.
We have independently reviewed the record and conclude that
Harris has not made the requisite showing. *
Accordingly, we deny
Specifically, the district court’s dispositive conclusion
— that our decision in United States v. Mungro, 754 F.3d 267
(4th Cir. 2014), foreclosed Harris’ argument that the Supreme
Pg: 3 of 3
this court and argument would not aid the decisional process.
Court’s holding in Johnson v. United States, 135 S. Ct. 2551
(2015), invalidated his armed career criminal designation — is
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?