United States v. Anthony Reid
United States v. Anthony Reid
Opinion
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 19-7332
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ANTHONY REID,
Defendant - Appellant.
Appeal from the United States District Court for the District of South Carolina, at Charleston. David C. Norton, District Judge. (2:14-cr-00212-DCN-2; 2:17-cv-01588- DCN)
Submitted: January 21, 2020 Decided: January 24, 2020
Before WILKINSON, KEENAN, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Anthony Reid, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
Anthony Reid seeks to appeal the district court’s order denying relief on his
28 U.S.C. § 2255(2018) motion. The order is not appealable unless a circuit justice or judge
issues a certificate of appealability. See
28 U.S.C. § 2253(c)(1)(B) (2018). 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) (2018). When the district court denies relief on the merits,
a prisoner satisfies this standard by demonstrating that reasonable jurists would find the
district court’s assessment of the constitutional claims debatable or wrong. See Buck v.
Davis,
137 S. Ct. 759, 773-74(2017). 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.
Gonzalez v. Thaler,
565 U.S. 134, 140-41(2012) (citing Slack v. McDaniel,
529 U.S. 473, 484(2000)).
We have independently reviewed the record and conclude that Reid 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
Reference
- Status
- Unpublished