United States v. Chennor Bah
United States v. Chennor Bah
Opinion
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 19-7357
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
CHENNOR MARLEY BAH,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Liam O’Grady, District Judge. (1:18-cr-00058-LO-1; 1:18-cv-01386-LO)
Submitted: February 20, 2020 Decided: February 24, 2020
Before GREGORY, Chief Judge, RUSHING, Circuit Judge, and TRAXLER, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Chennor Marley Bah, Appellant Pro Se. Jennifer Catherine Harp, Special Assistant United States Attorney, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; Marc Birnbaum, Special Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
Chennor Marley Bah 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 Bah 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- Unpublished