US v. Dewayne Wilson

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:12-cr-00035-GEC-RSB-1,3:15-cv-80812-GEC-RSB Copies to all parties and the district court/agency. [999937881]. Mailed to: Dewayne Wilson. [16-6483]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-6483

UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
DEWAYNE ROY WILSON, a/k/a
Jonah James Levant, III,

Dub,

a/k/a

New

Jersey,

a/k/a

Defendant - Appellant.

Appeal from the United States District Court for the Western
District of Virginia, at Charlottesville. Glen E. Conrad, Chief
District Judge.
(3:12-cr-00035-GEC-RSB-1; 3:15-cv-80812-GECRSB)

Submitted:

September 20, 2016

Decided:

September 29, 2016

Before WILKINSON, AGEE, and WYNN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Dewayne Roy Wilson, Appellant Pro Se.
Ronald Mitchell Huber,
Assistant United States Attorney, Charlottesville, Virginia, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Dewayne Roy Wilson seeks to appeal the district court’s
order dismissing his 28 U.S.C. § 2255 (2012) motion.

The order

is not appealable unless a circuit justice or judge issues a
certificate of appealability.
A

certificate

of

28 U.S.C. § 2253(c)(1)(B) (2012).

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
Wilson has not made the requisite showing.
a

certificate

dispense

with

of

appealability

oral

argument

and

dismiss

because

2

Accordingly, we deny

the

the

appeal.

facts

and

We
legal

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contentions

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are

adequately

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presented

in

the

materials

before

this court and argument would not aid the decisional process.

DISMISSED

3