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United States v. Robert Lloyd, 17-6114 (2017)

Court: Court of Appeals for the Fourth Circuit Number: 17-6114 Visitors: 18
Filed: Jul. 05, 2017
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 17-6114 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ROBERT LAMONT LLOYD, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Charleston. Patrick Michael Duffy, Senior District Judge. (2:05-cr-00142-PMD-1; 2:16- cv-01285-PMD) Submitted: June 28, 2017 Decided: July 5, 2017 Before TRAXLER, DUNCAN, and THACKER, Circuit Judges. Dismissed by unpublished per curiam opinion
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                                    UNPUBLISHED

                       UNITED STATES COURT OF APPEALS
                           FOR THE FOURTH CIRCUIT


                                      No. 17-6114


UNITED STATES OF AMERICA,

                    Plaintiff - Appellee,

             v.

ROBERT LAMONT LLOYD,

                    Defendant - Appellant.



Appeal from the United States District Court for the District of South Carolina, at
Charleston. Patrick Michael Duffy, Senior District Judge. (2:05-cr-00142-PMD-1; 2:16-
cv-01285-PMD)


Submitted: June 28, 2017                                          Decided: July 5, 2017


Before TRAXLER, DUNCAN, and THACKER, Circuit Judges.


Dismissed by unpublished per curiam opinion.


Cody James Groeber, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Charleston,
South Carolina, for Appellant. Marshall Taylor Austin, Assistant United States Attorney,
Charleston, South Carolina, for Appellee.


Unpublished opinions are not binding precedent in this circuit.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

       Robert Lamont Lloyd 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 Lloyd has not made

the requisite showing.     Accordingly, we deny Lloyd’s motion for 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 before this court and

argument would not aid the decisional process.

                                                                               DISMISSED




                                             2

Source:  CourtListener

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