United States v. Reid
Opinion of the Court
Unpublished opinions are not binding precedent in this circuit.
Kenneth Roshaun Reid seeks to appeal the district court’s order denying his motion seeking correction, of his sentence. We conclude that Reid’s motion was in substance a successive 28 U.S.C. § 2255 (2012) motion.
The district court’s order is not appeal-able unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(B) (2012). A certificate of ap-pealability 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 the motion states a debatable claim of the denial of a constitutional right. Slack, 529 U.S. at 484-85, 120 S.Ct. 1595.
Reid’s motion challenged the validity of his sentence and should have been construed as a successive § 2255 motion.
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
The district court denied relief on Reid’s prior ■ § 2255 motion on the merits in 2010.
Reference
- Full Case Name
- United States v. Kenneth Roshaun REID
- Status
- Published