US v. William Graham

Filing

UNPUBLISHED PER CURIAM OPINION filed denying certificate of appealability. Originating case number: 1:08-cr-00411-CCB-4,1:14-cv-02035-CCB. Copies to all parties and the district court. [1000177523]. Mailed to: William Graham. [17-6767]

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Appeal: 17-6767 Doc: 7 Filed: 10/20/2017 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 17-6767 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. WILLIAM LEONARDO GRAHAM, a/k/a Leo, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Baltimore. Catherine C. Blake, Chief District Judge. (1:08-cr-00411-CCB-4; 1:14-cv-02035-CCB) Submitted: October 17, 2017 Decided: October 20, 2017 Before FLOYD and HARRIS, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. William Leonardo Graham, Appellant Pro Se. Michael Clayton Hanlon, Assistant United States Attorney, Baltimore, Maryland; Jason M. Weinstein, STEPTOE & JOHNSON PLLC, Washington, D.C., for Appellee. Unpublished opinions are not binding precedent in this circuit. Appeal: 17-6767 Doc: 7 Filed: 10/20/2017 Pg: 2 of 2 PER CURIAM: William Leonardo Graham 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 Graham 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 adequately presented in the materials before this court and argument would not aid the decisional process. DISMISSED 2

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