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United States v. Sandra Elliott, 15-6423 (2015)

Court: Court of Appeals for the Fourth Circuit Number: 15-6423 Visitors: 11
Filed: Jun. 30, 2015
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-6423 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. SANDRA ELLIOTT, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, District Judge. (5:09-cr-00383-BO-1; 5:13-cv-00543-BO) Submitted: June 25, 2015 Decided: June 30, 2015 Before GREGORY, FLOYD, and THACKER, Circuit Judges. Dismissed by unpublished per curiam opinion. Sandra Ellio
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                              UNPUBLISHED

                    UNITED STATES COURT OF APPEALS
                        FOR THE FOURTH CIRCUIT


                              No. 15-6423


UNITED STATES OF AMERICA,

                  Plaintiff - Appellee,

          v.

SANDRA ELLIOTT,

                  Defendant - Appellant.



Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.      Terrence W. Boyle,
District Judge. (5:09-cr-00383-BO-1; 5:13-cv-00543-BO)


Submitted:   June 25, 2015                  Decided:   June 30, 2015



Before GREGORY, FLOYD, and THACKER, Circuit Judges.


Dismissed by unpublished per curiam opinion.


Sandra Elliott, Appellant Pro Se. William Miller Gilmore, Stephen
Aubrey West, Assistant United States Attorneys, Kimberly Ann
Moore, Seth Morgan Wood, OFFICE OF THE UNITED STATES ATTORNEY,
Raleigh, North Carolina, for Appellee.


Unpublished opinions are not binding precedent in this circuit.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

     Sandra Elliott, a federal prisoner, seeks to appeal the

district court’s order denying relief on various post-judgment

motions challenging her conviction and sentence.   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

Elliott has not made the requisite showing.    Accordingly, we deny

a certificate of appealability, deny leave to proceed in forma

pauperis, and dismiss the appeal.   We dispense with oral argument

because the facts and legal contentions are adequately presented



                                2
in the materials before this court and argument would not aid the

decisional process.



                                                        DISMISSED




                                3

Source:  CourtListener

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