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United States v. Mikal Mix, 19-4020 (2013)

Court: Court of Appeals for the Fourth Circuit Number: 19-4020
Filed: Dec. 19, 2013
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-6859 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. MIKAL MUSTAFA MIX, a/k/a Stash, a/k/a Dirty Boy, a/k/a Mikail Mix, a/k/a Man Man, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Arenda L. Wright Allen, District Judge. (2:08-cr-00022-AWA-JEB-2 2:11-cv-00566-AWA) Submitted: December 17, 2013 Decided: December 19, 2013 Before KING, GREGORY, and WYNN,
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                             UNPUBLISHED

                  UNITED STATES COURT OF APPEALS
                      FOR THE FOURTH CIRCUIT


                             No. 13-6859


UNITED STATES OF AMERICA,

                Plaintiff - Appellee,

          v.

MIKAL MUSTAFA MIX, a/k/a      Stash,    a/k/a   Dirty   Boy,   a/k/a
Mikail Mix, a/k/a Man Man,

                Defendant - Appellant.



Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk.      Arenda L. Wright Allen,
District Judge. (2:08-cr-00022-AWA-JEB-2 2:11-cv-00566-AWA)


Submitted:   December 17, 2013             Decided: December 19, 2013


Before KING, GREGORY, and WYNN, Circuit Judges.


Dismissed by unpublished per curiam opinion.


Mikal Mustafa Mix, Appellant Pro Se.   Sherrie Scott Capotosto,
William David Muhr, Assistant United States Attorneys, Norfolk,
Virginia, for Appellee.


Unpublished opinions are not binding precedent in this circuit.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

            Mikal Mustafa Mix seeks to appeal the district court’s

order denying relief on his 28 U.S.C.A. § 2255 (West Supp. 2013)

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) (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 Mix 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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