US v. Garnett Smith
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:12-cr-00479-JKB-1,1:15-cv-02898-JKB Copies to all parties and the district court. [999838657]. Mailed to: Garnett Gilbert Smith. [16-6139]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-6139
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
and
CHARLES PETERSON,
Claimant,
v.
GARNETT GILBERT SMITH, a/k/a Abdule Jones,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Baltimore.
James K. Bredar, District Judge.
(1:12-cr-00479-JKB-1; 1:15-cv-02898-JKB)
Submitted:
May 26, 2016
Decided:
June 1, 2016
Before TRAXLER, Chief Judge, and NIEMEYER and FLOYD, Circuit
Judges.
Dismissed by unpublished per curiam opinion.
Jeffrey Michael Brandt, ROBINSON & BRANDT, PSC, Covington,
Kentucky, for Appellant. James G. Warwick, OFFICE OF THE UNITED
STATES ATTORNEY, Baltimore, Maryland, for Appellee.
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Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Garnett Gilbert Smith seeks to appeal the district court’s
order denying relief on his 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.
satisfies
jurists
would
of
the
v.
McDaniel,
Slack
this
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
Smith has not made the requisite showing.
a
certificate
dispense
with
of
appealability
oral
argument
and
dismiss
because
3
Accordingly, we deny
the
the
appeal.
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
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