US v. Frederick Sellers

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--updating certificate of appealability status Originating case number: 4:01-cr-00058-RBH-1 Copies to all parties and the district court/agency. [1000177466]. Mailed to: Frederick Lynn Sellers. [17-7066]

Appeal: 17-7066

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Filed: 10/20/2017

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 17-7066

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
FREDERICK LYNN SELLERS,
Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at
Florence. R. Bryan Harwell, District Judge. (4:01-cr-00058-RBH-1)

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Dismissed by unpublished per curiam opinion.

Frederick Lynn Sellers, Appellant Pro Se. Alfred William Walker Bethea, Jr., Assistant
United States Attorney, Florence, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 17-7066

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Filed: 10/20/2017

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PER CURIAM:
Frederick Lynn Sellers seeks to appeal the district court’s order construing his
self-styled “Motion for Modification of Imposed Term of Imprisonment Pursuant to
§ 3582(C)(i)” as a successive 28 U.S.C. § 2255 (2012) motion and dismissing it on that
basis. 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 Sellers 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

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