US v. Carlos Robinson

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion for leave to file [999983952-2] Originating case number: 6:03-cr-00616-HMH-1,6:16-cv-02430-HMH. Copies to all parties and the district court. [1000002583]. Mailed to: Carlos Demond Robinson. [16-7234]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-7234

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
CARLOS DEMOND ROBINSON,
Defendant - Appellant.

Appeal from the United States District Court for the District of
South Carolina, at Greenville.
Henry M. Herlong, Jr., Senior
District Judge. (6:03-cr-00616-HMH-1; 6:16-cv-02430-HMH)

Submitted:

December 28, 2016

Before SHEDD and
Circuit Judge.

DUNCAN,

Circuit

Decided:

Judges,

January 12, 2017

and

DAVIS,

Senior

Dismissed by unpublished per curiam opinion.

Carlos Demond Robinson, Appellant Pro Se.
Leesa Washington,
Assistant United States Attorney, Greenville, South Carolina,
for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Carlos Demond Robinson seeks to appeal the district court’s
orders denying relief on his 28 U.S.C. § 2255 (2012) motion and
denying

his

appealable

motion
unless

for
a

reconsideration.
circuit

certificate of appealability.
A

certificate

of

justice

The
or

orders
judge

are

issues

not
a

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.

Slack

satisfies

jurists

this

would

of

the

v.

McDaniel,

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
Robinson has not made the requisite showing.

2

Accordingly, we

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deny a certificate of appealability and dismiss the appeal. *

We

grant leave to file a supplemental informal brief and 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

*

Robinson had the requisite two prior felony convictions
for career offender status.
His conviction under 18 U.S.C.
§ 924(c) (2012) was a conviction of a controlled substance
offense.
See United States v. Robinson, 447 F. App’x 512, 514
(4th Cir. 2011).
His South Carolina conviction of strong arm
robbery constitutes a conviction of a crime of violence.
See
United States v. Doctor, 842 F.3d 306, 312 (4th Cir. 2016).

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