US v. Yolanda Moton


UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 2:13-cr-00173-RBS-LRL-1,2:15-cv-00458-RBS Copies to all parties and the district court/agency. [1000136870]. Mailed to: Yolanda Moton. [16-6228]

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Appeal: 16-6228 Doc: 22 Filed: 08/15/2017 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-6228 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. YOLANDA PATRICE MOTON, a/k/a Yolanda Johnson, a/k/a Yo-Yo, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Rebecca Beach Smith, Chief District Judge. (2:13-cr-00173-RBS-LRL-1; 2:15cv-00458-RBS) Submitted: August 10, 2017 Decided: August 15, 2017 Before SHEDD, DUNCAN, and DIAZ, Circuit Judges. Dismissed by unpublished per curiam opinion. Yolanda Patrice Moton, Appellant Pro Se. Darryl James Mitchell, Assistant United States Attorney, Norfolk, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. Appeal: 16-6228 Doc: 22 Filed: 08/15/2017 Pg: 2 of 2 PER CURIAM: Yolanda Patrice Moton seeks to appeal the district court’s order denying relief in part on her 28 U.S.C. § 2255 (2012) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(B) (2012). 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). 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 (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 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 Moton has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. DISMISSED 2

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