United States v. Derrell Gilchrist
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UNPUBLISHED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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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. § 2255motions. 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- Unpublished