US v. David Robinson

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion for bail/release pending appeal (Local Rule 9(a) and (b)) [999840096-2] Originating case number: 1:07-cr-00087-RDB-1,1:14-cv-03425-RDB Copies to all parties and the district court/agency. [999940913]. Mailed to: David Robinson. [16-6671]

Appeal: 16-6671

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-6671

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DAVID MCDOWELL ROBINSON,
Defendant - Appellant.

Appeal from the United States District Court for the District of
Maryland, at Baltimore.
Richard D. Bennett, District Judge.
(1:07-cr-00087-RDB-1; 1:14-cv-03425-RDB)

Submitted:

September 29, 2016

Decided:

October 4, 2016

Before SHEDD, KEENAN, and HARRIS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

David McDowell Robinson, Appellant Pro Se.
Jefferson McClure
Gray, Assistant United States Attorney, Baltimore, Maryland, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
David McDowell Robinson appeals the district court’s order
denying relief on his motion to vacate, motion for a certificate
of

appealability,

and

other

criminal convictions.
error

on

appeal

appealability.

or

related

motions

challenging

his

Robinson has failed to show reversible
establish

grounds

for

a

certificate

of

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

debatable

or

assessment

wrong.

Slack

of

the

constitutional

v.

McDaniel,

529

claims

U.S.

473,

is
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.
Thus,
Robinson’s
dismiss.
legal

we

deny

motion

for

a

certificate
bail

or

of

release

appealability,
pending

appeal,

deny
and

We dispense with oral argument because the facts and

contentions

are

adequately

2

presented

in

the

materials

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before

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this

court

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and

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argument

would

not

aid

the

decisional

process.
DISMISSED

3