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United States v. Alexander, 10-6505 (2011)

Court: Court of Appeals for the Fourth Circuit Number: 10-6505 Visitors: 50
Filed: Feb. 25, 2011
Latest Update: Feb. 21, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-6505 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. ADRIAN ALEXANDER, a/k/a AD, Defendant – Appellant, and MID-ATLANTIC FINANCE CORPORATION; MARLON JERMAINE MCCORTER, Claimants. Appeal from the United States District Court for the District of Maryland, at Greenbelt. Alexander Williams, Jr., District Judge. (8:03-cr-00321-AW-6; 8:08-cv-03045-AW) Submitted: February 2, 2011 Decided: February 25, 2011 Before MOTZ and SHEDD
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                              UNPUBLISHED

                  UNITED STATES COURT OF APPEALS
                      FOR THE FOURTH CIRCUIT


                              No. 10-6505


UNITED STATES OF AMERICA,

                Plaintiff – Appellee,

          v.

ADRIAN ALEXANDER, a/k/a AD,

                Defendant – Appellant,

          and

MID-ATLANTIC FINANCE CORPORATION; MARLON JERMAINE MCCORTER,

                Claimants.


Appeal from the United States District Court for the District of
Maryland, at Greenbelt.      Alexander Williams, Jr., District
Judge. (8:03-cr-00321-AW-6; 8:08-cv-03045-AW)


Submitted:   February 2, 2011               Decided:   February 25, 2011


Before MOTZ and    SHEDD,    Circuit   Judges,   and   HAMILTON,   Senior
Circuit Judge.


Dismissed by unpublished per curiam opinion.


Michael Lawlor, LAWLOR & ENGLERT, LLC, Greenbelt, Maryland, for
Appellant.    Adam Kenneth Ake, OFFICE OF THE UNITED STATES
ATTORNEY, Greenbelt, Maryland, for Appellee.


Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:

            Adrian Alexander seeks to appeal the district court’s

order denying relief on his 28 U.S.C.A. § 2255 (West Supp. 2010)

motion.    The order is not appealable unless a circuit justice or

judge     issues     a    certificate      of    appealability.         28     U.S.C.

§ 2253(c)(1) (2006).           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) (2006).               When the

district court denies relief on the merits, a prisoner satisfies

this    standard     by    demonstrating       that   reasonable     jurists    would

find that the district court’s assessment of the constitutional

claims is debatable or wrong.              Slack v. McDaniel, 
529 U.S. 473
,

484    (2000);     see    Miller-El   v.   Cockrell,     
537 U.S. 322
,    336-38

(2003).     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.                       
Slack, 529 U.S. at 484-85
.           We have independently reviewed the record

and conclude that Alexander 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




                                           2
before   the   court   and   argument   would   not   aid   the   decisional

process.

                                                                   DISMISSED




                                    3

Source:  CourtListener

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