US v. Carlos Perry


UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to appoint/assign counsel [1000103663-2]. Originating case numbers: 1:14-cr-00003-JPJ-1, 1:15-cv-80821-JPJ-RSB. Copies to all parties and the district court. [1000117414]. Mailed to: Appellant. [16-6820]

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Appeal: 16-6820 Doc: 17 Filed: 07/13/2017 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-6820 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. CARLOS PERRY, Defendant - Appellant. Appeal from the United States District Court for the Western District of Virginia, at Abingdon. James P. Jones, District Judge. (1:14-cr-00003-JPJ-1; 1:15-cv-80821-JPJRSB) Submitted: February 15, 2017 Decided: July 13, 2017 Before SHEDD, FLOYD, and THACKER, Circuit Judges. Dismissed by unpublished per curiam opinion. Carlos Perry, Appellant Pro Se. Zachary T. Lee, Assistant United States Attorney, Abingdon, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. Appeal: 16-6820 Doc: 17 Filed: 07/13/2017 Pg: 2 of 2 PER CURIAM: Carlos Perry 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 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 Perry has not made the requisite showing. Accordingly, we deny Perry’s motion to appoint counsel, 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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