Filed: Aug. 21, 2012
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-6235 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ORONDE S. MABRY, a/k/a Oronde’ Sylvester Mabry, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Robert E. Payne, Senior District Judge. (3:07-cr-00028-REP-2; 3:08-cv-00688-REP) Submitted: July 24, 2012 Decided: August 21, 2012 Before NIEMEYER, MOTZ, and FLOYD, Circuit Judges. Dismissed by unpublishe
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-6235 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ORONDE S. MABRY, a/k/a Oronde’ Sylvester Mabry, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Robert E. Payne, Senior District Judge. (3:07-cr-00028-REP-2; 3:08-cv-00688-REP) Submitted: July 24, 2012 Decided: August 21, 2012 Before NIEMEYER, MOTZ, and FLOYD, Circuit Judges. Dismissed by unpublished..
More
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-6235
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ORONDE S. MABRY, a/k/a Oronde’ Sylvester Mabry,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Robert E. Payne, Senior
District Judge. (3:07-cr-00028-REP-2; 3:08-cv-00688-REP)
Submitted: July 24, 2012 Decided: August 21, 2012
Before NIEMEYER, MOTZ, and FLOYD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Oronde S. Mabry, Appellant Pro Se. Richard Daniel Cooke,
Assistant United States Attorney, Richmond, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Oronde S. Mabry seeks to appeal the district court’s
orders denying relief on Mabry’s 28 U.S.C.A. § 2255 (West Supp.
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) (2006). 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) (2006). 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 Mabry has not made the requisite showing. Accordingly, we
deny Mabry’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
2
materials before the court and argument would not aid the
decisional process.
DISMISSED
3