United States v. Eugene Williams

U.S. Court of Appeals for the Fourth Circuit

United States v. Eugene Williams

Opinion

USCA4 Appeal: 22-6646 Doc: 5 Filed: 12/27/2022 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22-6646

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

EUGENE ASOMANI WILLIAMS,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Leonie M. Brinkema, District Judge. (1:13-cr-00464-LMB-1; 1:22-cv-00468- LMB)

Submitted: December 20, 2022 Decided: December 27, 2022

Before NIEMEYER and QUATTLEBAUM, Circuit Judges, and FLOYD, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Eugene Asomani Williams, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 22-6646 Doc: 5 Filed: 12/27/2022 Pg: 2 of 2

PER CURIAM:

Eugene Asomani Williams seeks to appeal the district court’s order dismissing his

28 U.S.C. § 2255

motion as successive and unauthorized. 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, as here, 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 Williams 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Unpublished