US v. Carlos Robinson


UNPUBLISHED PER CURIAM OPINION filed.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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Appeal: 16-7234 Doc: 7 Filed: 01/12/2017 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-7234 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. CARLOS DEMOND ROBINSON, Defendant -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 DUNCAN, Circuit Decided: Judges, January 12, 2017 and DAVIS, Senior Dismissed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit. Appeal: 16-7234 Doc: 7 Filed: 01/12/2017 Pg: 2 of 3 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 Appeal: 16-7234 Doc: 7 Filed: 01/12/2017 Pg: 3 of 3 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). 3

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