UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 18-4372

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

SCOTT B. MISERENDINO, SR.,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Rebecca Beach Smith, Chief District Judge. (2:14-cr-00079-RBS-TEM-1)

Submitted: September 25, 2018 Decided: November 14, 2018

Before KING, DIAZ, and HARRIS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

David Barry Benowitz, PRICE BENOWITZ, LLP, Washington, D.C., for Appellant.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Scott B. Miserendino, Sr., seeks to appeal the district court’s order denying relief

on his

(2012) motion. The order is not appealable unless a circuit

justice or judge issues a certificate of appealability.

(c)(1)(B) (2012). A

certificate of appealability will not issue absent “a substantial showing of the denial of a

constitutional right.”

(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,

(2000); see Miller-El v.

Cockrell,

(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,

.

We have independently reviewed the record and conclude that Miserendino 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

2