United States v. Wallace Bryant, Jr.

U.S. Court of Appeals for the Fourth Circuit
United States v. Wallace Bryant, Jr., 671 F. App'x 211 (4th Cir. 2016)

United States v. Wallace Bryant, Jr.

Opinion

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Wallace M. Bryant, Jr., seeks to appeal the district court’s orders denying relief on his 28 U.S.C. § 2255 (2012) motion and his subsequent Fed. R. Civ. P. 59(e) motion. The orders are 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, 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 *212 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 Bryant has not made the requisite showing. Accordingly, we deny a certifícate of appealability and dismiss the appeal. We further deny Bryant’s motion for a sentence reduction. 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

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Wallace M. BRYANT, Jr., Defendant-Appellant
Status
Unpublished