US v. Adley Abdulwahab


UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:10-cr-00248-REP-2,3:14-cv-00537-REP Copies to all parties and the district court/agency. [999990687]. Mailed to: Albert Blackwell Stieglitz Jr.. [16-6929]

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Appeal: 16-6929 Doc: 7 Filed: 12/20/2016 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-6929 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ADLEY H. ABDULWAHAB, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Robert E. Payne, Senior District Judge. (3:10-cr-00248-REP-2; 3:14-cv-00537-REP) Submitted: December 15, 2016 Decided: December 20, 2016 Before SHEDD, DUNCAN, and AGEE, Circuit Judges. Dismissed by unpublished per curiam opinion. James Madison Ardoin, III, ARDOINLAW, PLLC, Houston, Texas, for Appellant. Jessica D. Aber, OFFICE OF THE UNITED STATES ATTORNEY, Michael Steven Dry, Gurney Wingate Grant, II, Robert P. McIntosh, Assistant United States Attorneys, Richmond, Virginia; Albert Blackwell Stieglitz, Jr., UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee. Unpublished opinions are not binding precedent in this circuit. Appeal: 16-6929 Doc: 7 Filed: 12/20/2016 Pg: 2 of 2 PER CURIAM: Adley H. Abdulwahab 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.” § 2253(c)(2) (2012). 28 U.S.C. 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 Abdulwahab 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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