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United States v. Frank Good, 18-7466 (2019)

Court: Court of Appeals for the Fourth Circuit Number: 18-7466 Visitors: 36
Filed: Sep. 04, 2019
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-7466 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. FRANK WAYNE GOOD, a/k/a Tony, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Mark S. Davis, Chief District Judge. (2:16-cr-00022-MSD-LRL-1; 2:17-cv- 00313-MSD) Submitted: June 27, 2019 Decided: September 4, 2019 Before WYNN and RICHARDSON, Circuit Judges, and TRAXLER, Senior Circuit Judge. Dismissed
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                                    UNPUBLISHED

                       UNITED STATES COURT OF APPEALS
                           FOR THE FOURTH CIRCUIT


                                      No. 18-7466


UNITED STATES OF AMERICA,

                    Plaintiff - Appellee,

             v.

FRANK WAYNE GOOD, a/k/a Tony,

                    Defendant - Appellant.



Appeal from the United States District Court for the Eastern District of Virginia, at
Norfolk. Mark S. Davis, Chief District Judge. (2:16-cr-00022-MSD-LRL-1; 2:17-cv-
00313-MSD)


Submitted: June 27, 2019                                     Decided: September 4, 2019


Before WYNN and RICHARDSON, Circuit Judges, and TRAXLER, Senior Circuit
Judge.


Dismissed by unpublished per curiam opinion.


Frank Wayne Good, Appellant Pro Se.


Unpublished opinions are not binding precedent in this circuit.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

       Frank Wayne Good seeks to appeal the district court’s orders denying relief on his

28 U.S.C. § 2255 (2012) motion. The orders are 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 Good 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 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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