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United States v. Dewayne Robinson, 19-6911 (2020)

Court: Court of Appeals for the Fourth Circuit Number: 19-6911 Visitors: 13
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Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-6911 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DEWAYNE RESHARD ROBINSON, Defendant -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
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                                    UNPUBLISHED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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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


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