United States v. Alfred Musa

U.S. Court of Appeals for the Fourth Circuit

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UNPUBLISHED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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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. § 2255

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). 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Unpublished