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United States v. Eugene Jackson, 14-7004 (2014)

Court: Court of Appeals for the Fourth Circuit Number: 14-7004 Visitors: 50
Filed: Dec. 02, 2014
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-7004 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. EUGENE ERNST JACKSON, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Baltimore. William M. Nickerson, Senior District Judge. (1:01-cr-00464-WMN-1) Submitted: November 18, 2014 Decided: December 2, 2014 Before MOTZ, KING, and GREGORY, Circuit Judges. Dismissed by unpublished per curiam opinion. Eugene Ernst Jackson,
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                            UNPUBLISHED

                  UNITED STATES COURT OF APPEALS
                      FOR THE FOURTH CIRCUIT


                            No. 14-7004


UNITED STATES OF AMERICA,

                Plaintiff – Appellee,

          v.

EUGENE ERNST JACKSON,

                Defendant - Appellant.



Appeal from the United States District Court for the District of
Maryland, at Baltimore.   William M. Nickerson, Senior District
Judge. (1:01-cr-00464-WMN-1)


Submitted:   November 18, 2014            Decided:   December 2, 2014


Before MOTZ, KING, and GREGORY, Circuit Judges.


Dismissed by unpublished per curiam opinion.


Eugene Ernst Jackson, Appellant Pro Se. Clinton Jacob Fuchs,
Assistant United States Attorney, Baltimore, Maryland, for
Appellee.


Unpublished opinions are not binding precedent in this circuit.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

            Eugene        Ernst   Jackson       seeks   to        appeal    the    district

court’s    order    denying       relief   on    his    28    U.S.C.       § 2255       (2012)

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

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

§ 2253(c)(1)(B) (2012).            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) (2012).                   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 Jackson 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




                                            2
contentions   are   adequately   presented   in   the   materials   before

this court and argument would not aid the decisional process.



                                                               DISMISSED




                                   3

Source:  CourtListener

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