US v. William Brown

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UNPUBLISHED PER CURIAM OPINION filed. A certificate of appealability is denied. Originating case number: 3:12-cr-00239-GCM-DCK-18, 3:16-cv-00095-GCM. Copies to all parties and the district court/agency [1000027850]. Mailed to: William Brown. [16-7378]

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Appeal: 16-7378 Doc: 6 Filed: 02/22/2017 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-7378 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. WILLIAM BROWN, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Graham C. Mullen, Senior District Judge. (3:12-cr-00239-GCM-DCK-18; 3:16-cv-00095-GCM) Submitted: February 16, 2017 Decided: February 22, 2017 Before GREGORY, Chief Judge, DUNCAN, Circuit Judge, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. William Brown, Appellant Pro Se. Benjamin Bain-Creed, Maria Kathleen Vento, OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. Appeal: 16-7378 Doc: 6 Filed: 02/22/2017 Pg: 2 of 3 PER CURIAM: William Brown seeks to appeal the district court’s orders denying relief on his 28 U.S.C. § 2255 (2012) and Fed. R. Civ. P. 59(e) motions. The orders are not appealable unless a circuit justice or judge issues a certificate of appealability. § 2253(c)(1)(B) (2012). issue absent “a A certificate of appealability will not substantial constitutional right.” 28 U.S.C. showing of the denial 28 U.S.C. § 2253(c)(2) (2012). of a 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 Brown 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 2 Appeal: 16-7378 Doc: 6 adequately Filed: 02/22/2017 presented in the Pg: 3 of 3 materials before this court and argument would not aid the decisional process. DISMISSED 3

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