DeMarcus Mandell Brown v. US

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion certificate of appealability (Local Rule 22(a)) [1000044925-2] Originating case number: 7:13-cr-00068-MFU-RSB-1,7:15-cv-80871-MFU-RSB Copies to all parties and the district court/agency. [1000057020]. Mailed to: DeMarcus Mandell Brown FCI MCDOWELL FEDERAL CORRECTIONAL INSTITUTION P. O. Box 1009 Welch, WV 24801. [16-7482]

Appeal: 16-7482

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Filed: 04/06/2017

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-7482

DEMARCUS MANDELL BROWN,
Petitioner - Appellant,
v.
UNITED STATES OF AMERICA,
Respondent - Appellee.

Appeal from the United States District Court for the Western District of Virginia, at
Roanoke. Michael F. Urbanski, District Judge. (7:13-cr-00068-MFU-RSB-1; 7:15-cv80871-MFU-RSB)

Submitted: March 29, 2017

Decided: April 6, 2017

Before DUNCAN, KEENAN, and WYNN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

DeMarcus Mandell Brown, Appellant Pro Se. Donald Ray Wolthuis, Assistant United
States Attorney, Roanoke, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 16-7482

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Filed: 04/06/2017

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PER CURIAM:
DeMarcus Mandell Brown 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 484-85.
We have independently reviewed the record and conclude that Brown has not
made the requisite showing. Accordingly, we deny Brown’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.
DISMISSED

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