United States v. Tiffany Robinson

U.S. Court of Appeals for the Fourth Circuit

United States v. Tiffany Robinson

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 19-7348

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

TIFFANY SHAMAINE ROBINSON,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Arenda L. Wright Allen, District Judge. (2:14-cr-00150-AWA-DEM-1; 2:16-cv- 00324-AWA)

Submitted: January 15, 2020 Decided: January 30, 2020

Before KING, HARRIS, and RUSHING, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Tiffany Shamaine Robinson, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Tiffany Shamaine Robinson seeks to appeal the district court’s order denying relief

on her

28 U.S.C. § 2255

(2018) 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) (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 that the district court’s assessment of the constitutional claims is debatable or

wrong. Slack v. McDaniel,

529 U.S. 473, 484

(2000); see Miller-El v. Cockrell,

537 U.S. 322, 336-38

(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

.

We have independently reviewed the record and conclude that Robinson 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Unpublished