Filed: Aug. 17, 2020
Latest Update: Sep. 22, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-6911 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DEWAYNE RESHARD ROBINSON, Defendant - Appellant. Appeal from the United States District Court for the Western District of Virginia, at Big Stone Gap. James P. Jones, District Judge. (2:14-cr-00006-JPJ-1; 2:17-cv-81296-JPJ) Submitted: July 30, 2020 Decided: August 17, 2020 Before WILKINSON and AGEE, Circuit Judges, and TRAXLER, Senior Circuit Judge. Dismissed by unpubli
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-6911 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DEWAYNE RESHARD ROBINSON, Defendant - Appellant. Appeal from the United States District Court for the Western District of Virginia, at Big Stone Gap. James P. Jones, District Judge. (2:14-cr-00006-JPJ-1; 2:17-cv-81296-JPJ) Submitted: July 30, 2020 Decided: August 17, 2020 Before WILKINSON and AGEE, Circuit Judges, and TRAXLER, Senior Circuit Judge. Dismissed by unpublis..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 19-6911
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DEWAYNE RESHARD ROBINSON,
Defendant - Appellant.
Appeal from the United States District Court for the Western District of Virginia, at Big
Stone Gap. James P. Jones, District Judge. (2:14-cr-00006-JPJ-1; 2:17-cv-81296-JPJ)
Submitted: July 30, 2020 Decided: August 17, 2020
Before WILKINSON and AGEE, Circuit Judges, and TRAXLER, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Dewayne Reshard Robinson, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Dewayne Reshard Robinson seeks to appeal the district court’s order denying relief
on his 28 U.S.C. § 2255 (2018) 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) (2018). 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) (2018). 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 92012) (citing Slack v.
McDaniel,
529 U.S. 473, 484 (2000)).
We have independently reviewed the record and conclude that Robinson 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