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United States v. Percell Burrows, 15-6305 (2015)

Court: Court of Appeals for the Fourth Circuit Number: 15-6305 Visitors: 13
Filed: Jul. 23, 2015
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-6305 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. PERCELL BURROWS, a/k/a Light, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Newport News. Arenda L. Wright Allen, District Judge. (4:08-cr-00147-AWA-FBS-5) Submitted: July 21, 2015 Decided: July 23, 2015 Before WILKINSON and MOTZ, Circuit Judges, and DAVIS, Senior Circuit Judge. Dismissed by unpublished per
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                             UNPUBLISHED

                  UNITED STATES COURT OF APPEALS
                      FOR THE FOURTH CIRCUIT


                             No. 15-6305


UNITED STATES OF AMERICA,

                Plaintiff - Appellee,

          v.

PERCELL BURROWS, a/k/a Light,

                Defendant - Appellant.



Appeal from the United States District Court for the Eastern
District of Virginia, at Newport News. Arenda L. Wright Allen,
District Judge. (4:08-cr-00147-AWA-FBS-5)


Submitted:   July 21, 2015                 Decided:   July 23, 2015


Before WILKINSON and MOTZ, Circuit Judges, and DAVIS, Senior
Circuit Judge.


Dismissed by unpublished per curiam opinion.


Percell Burrows, Appellant Pro Se.     Howard Jacob Zlotnick,
Assistant United States Attorney, Newport News, Virginia, for
Appellee.


Unpublished opinions are not binding precedent in this circuit.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

       Percell Burrows 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

Burrows 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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