United States v. Alfred Musa
United States v. Alfred Musa
Opinion
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 20-7315
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ALFRED MUSA,
Defendant - Appellant.
Appeal from the United States District Court for the District of Maryland, at Baltimore. George L. Russell, III, District Judge. (1:15-cr-00247-GLR-2; 19-cv-1169-GLR)
Submitted: February 16, 2021 Decided: February 24, 2021
Before WILKINSON, WYNN, and HARRIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Alfred Musa, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
Alfred Musa seeks to appeal the district court’s order denying relief on his
28 U.S.C. § 2255motion. 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). 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 Musa 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- Unpublished