United States v. Yearwood
United States v. Yearwood
Opinion of the Court
ON REHEARING
Ayande Yearwood seeks to appeal the district court’s order denying relief on his 28 U.S.C.A. § 2255 (West Supp. 2011) motion and has moved for appointment of counsel. In his § 2255 motion, Yearwood asserted that the motion was timely filed because it was filed within one year of the Supreme Court’s issuance of Yeager v. United States, 557 U.S. 110, 129 S.Ct.
The remainder of the district court’s order denying § 2255 relief is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(B) (2006). 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) (2006). 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, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (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, 120 S.Ct. 1595. We have independently reviewed the record and conclude that Yearwood has not made the requisite showing. Accordingly, we deny Year-wood’s motion for appointment of counsel, affirm the district court’s order, in part, and deny a certificate of appealability and dismiss the appeal, in part. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
AFFIRMED IN PART; DISMISSED IN PART.
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff—Appellee v. Ayande YEARWOOD, Defendant—Appellant
- Status
- Published