Filed: Sep. 17, 2018
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 17-6156 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. MARVIN LOVELL MARTIN, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Columbia. Mary G. Lewis, District Judge. (3:14-cr-00737-MGL-1; 3:16-cv-03041- MGL) Submitted: September 10, 2018 Decided: September 17, 2018 Before DUNCAN and FLOYD, Circuit Judges, and SHEDD, Senior Circuit Judge. Dismissed by unpublished pe
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 17-6156 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. MARVIN LOVELL MARTIN, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Columbia. Mary G. Lewis, District Judge. (3:14-cr-00737-MGL-1; 3:16-cv-03041- MGL) Submitted: September 10, 2018 Decided: September 17, 2018 Before DUNCAN and FLOYD, Circuit Judges, and SHEDD, Senior Circuit Judge. Dismissed by unpublished per..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 17-6156
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MARVIN LOVELL MARTIN,
Defendant - Appellant.
Appeal from the United States District Court for the District of South Carolina, at
Columbia. Mary G. Lewis, District Judge. (3:14-cr-00737-MGL-1; 3:16-cv-03041-
MGL)
Submitted: September 10, 2018 Decided: September 17, 2018
Before DUNCAN and FLOYD, Circuit Judges, and SHEDD, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Marvin Lovell Martin, Appellant Pro Se. William Kenneth Witherspoon, Assistant
United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Columbia,
South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Marvin Lovell Martin 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 Martin has not
made the requisite showing. Accordingly, we deny Martin’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