United States v. Derrell Gilchrist

U.S. Court of Appeals for the Fourth Circuit

United States v. Derrell Gilchrist

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 20-6990

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

DERRELL LAMONT GILCHRIST,

Defendant - Appellant.

Appeal from the United States District Court for the District of Maryland, at Greenbelt. Deborah K. Chasanow, Senior District Judge. (8:02-cr-00245-DKC-1)

Submitted: December 11, 2020 Decided: December 15, 2020

Before WILKINSON and THACKER, Circuit Judges, and TRAXLER, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Derrell Lamont Gilchrist, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Derrell Lamont Gilchrist seeks to appeal the district court’s orders denying relief on

his

28 U.S.C. § 2255

motions. The orders are not appealable unless a circuit justice or

judge issues a certificate of appealability. See

28 U.S.C. § 2253

(c)(1)(B). 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). When the district court denies relief on the merits, a

prisoner satisfies this standard by demonstrating that reasonable jurists could 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 Gilchrist has not

made the requisite showing. Accordingly, we deny the motion for 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Unpublished