US v. Charles Johnson
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion certificate of appealability (Local Rule 22(a)) [999974571-2], updating certificate of appealability status Originating case number: 8:11-cr-00552-GJH-1,8:14-cv-02825-GJH Copies to all parties and the district court/agency. . Mailed to: Charles Johnson. [16-7300]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
CHARLES JOHNSON, a/k/a Charles Jerome Johnson,
Defendant - Appellant.
Appeal from the United States District Court for the District of Maryland, at Greenbelt.
George J. Hazel, District Judge. (8:11-cr-00552-GJH-1; 8:14-cv-02825-GJH)
Submitted: March 20, 2017
Decided: April 3, 2017
Before WILKINSON, DUNCAN, and AGEE, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Matthew McGavock Robinson, ROBINSON & BRANDT, PSC, Covington, Kentucky,
for Appellant. Alan Zachary Rozenshtein, Special Assistant United States Attorney,
Greenbelt, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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Charles Johnson 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
We have independently reviewed the record and conclude that Johnson has not
made the requisite showing. Accordingly, we deny Johnson’s motion for 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.
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