Filed: Jan. 15, 2014
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-7640 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. FRANCILLON DEBREUS, a/k/a Francis, Defendant - Appellant. No. 13-7439 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. FRANCILLON DEBREUS, a/k/a Francis, Defendant - Appellant. Appeals from the United States District Court for the District of South Carolina, at Florence. C. Weston Houck, Senior District Judge. (4:03-cr-00474-CWH-11; 4:09-cv-70039-CWH) Submitted: Dece
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-7640 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. FRANCILLON DEBREUS, a/k/a Francis, Defendant - Appellant. No. 13-7439 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. FRANCILLON DEBREUS, a/k/a Francis, Defendant - Appellant. Appeals from the United States District Court for the District of South Carolina, at Florence. C. Weston Houck, Senior District Judge. (4:03-cr-00474-CWH-11; 4:09-cv-70039-CWH) Submitted: Decem..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-7640
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
FRANCILLON DEBREUS, a/k/a Francis,
Defendant - Appellant.
No. 13-7439
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
FRANCILLON DEBREUS, a/k/a Francis,
Defendant - Appellant.
Appeals from the United States District Court for the District
of South Carolina, at Florence. C. Weston Houck, Senior
District Judge. (4:03-cr-00474-CWH-11; 4:09-cv-70039-CWH)
Submitted: December 19, 2013 Decided: January 15, 2014
Before NIEMEYER, KING, and DUNCAN, Circuit Judges.
No. 12-7640 dismissed; No. 13-7439 affirmed by unpublished per
curiam opinion.
Francillon Debreus, Appellant Pro Se. Alfred William Walker
Bethea, Jr., Assistant United States Attorney, Florence, South
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
In these consolidated appeals, Francillon Debreus
appeals the district court’s denial of his motion for a sentence
reduction under 18 U.S.C. § 3582(c) (2012) and he seeks to
appeal the district court’s order denying relief on his 28
U.S.C.A. § 2255 (West Supp. 2013) motion. The order denying the
§ 2255 motion is not appealable unless a circuit justice or
judge issues a certificate of appealability. 28 U.S.C.
§ 2253(c)(1)(B) (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 Debreus has not made the requisite showing. Accordingly,
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we deny a certificate of appealability and dismiss Debreus’
appeal from the denial of his § 2255 motion.
We review the district court’s decision on whether to
reduce a sentence for abuse of discretion. United States v.
Munn,
595 F.3d 183, 186 (4th Cir. 2010). Because Debreus’
Guidelines sentence was not lowered due to amendments to the
Guidelines, we conclude that the district court did not abuse
its discretion in denying the motion and affirm.
Accordingly, we deny a certificate of appealability
and dismiss the appeal from the denial of the § 2255 motion and
affirm the appeal from the district court’s order denying the
§ 3582(c) motion. We also deny Debreus’ motion to vacate the
district court’s order. 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.
No. 12-7640 DISMISSED
No. 13-7439 AFFIRMED
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