United States v. Martin
United States v. Martin
Opinion of the Court
Dismissed in part; affirmed in part by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
David Donnell Martin 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 dis
Martin also filed a motion to compel specific performance, asserting that the Government breached the plea agreement by declining to file a motion pursuant to U.S. Sentencing Guidelines Manual § 5K1.1 for substantial assistance. Because the plea agreement provided that such a motion was in the sole discretion of the Government, and Martin makes no allegation that the prosecutor acted with an unconstitutional motive, see Wade v. United States, 504 U.S. 181, 185, 112 S.Ct. 1840, 118 L.Ed.2d 524 (1992), we affirm the district court’s denial of the motion to compel specific performance.
Accordingly, we deny a certificate of appealability, dismiss the appeal in part, and affirm in part. 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 IN PART; AFFIRMED IN PART.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.