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UNPUBLISHED PER CURIAM OPINION filed.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. . Mailed to: Yolanda Moton. [16-6228]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.
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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.
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