Elawyers Elawyers
Washington| Change

United States v. Melvin Gilbert, 14-7635 (2015)

Court: Court of Appeals for the Fourth Circuit Number: 14-7635 Visitors: 26
Filed: Jun. 18, 2015
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-7635 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. MELVIN GILBERT, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Baltimore. J. Frederick Motz, Senior District Judge. (1:06-cr-00309-JFM-7) Submitted: May 28, 2015 Decided: June 18, 2015 Before SHEDD, KEENAN, and FLOYD, Circuit Judges. Dismissed by unpublished per curiam opinion. Melvin Gilbert, Appellant Pro Se. Debr
More
                              UNPUBLISHED

                    UNITED STATES COURT OF APPEALS
                        FOR THE FOURTH CIRCUIT


                              No. 14-7635


UNITED STATES OF AMERICA,

                  Plaintiff - Appellee,

          v.

MELVIN GILBERT,

                  Defendant - Appellant.



Appeal from the United States District Court for the District of
Maryland, at Baltimore.     J. Frederick Motz, Senior District
Judge. (1:06-cr-00309-JFM-7)


Submitted:   May 28, 2015                   Decided:   June 18, 2015


Before SHEDD, KEENAN, and FLOYD, Circuit Judges.


Dismissed by unpublished per curiam opinion.


Melvin Gilbert, Appellant      Pro Se.   Debra Lynn Dwyer, Robert
Reeves Harding, Assistant      United States Attorneys, Baltimore,
Maryland, for Appellee.


Unpublished opinions are not binding precedent in this circuit.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

     Melvin Gilbert 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

Gilbert 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

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer