Filed: Nov. 23, 2015
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-6690 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. KIM JENKINS BRANDVEEN, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Henry E. Hudson, District Judge. (3:11-cr-00149-HEH-RCY-1; 3:13-cv-00258-HEH-RCY) Submitted: November 19, 2015 Decided: November 23, 2015 Before NIEMEYER, KING, and HARRIS, Circuit Judges. Dismissed by unpublished per curiam opin
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-6690 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. KIM JENKINS BRANDVEEN, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Henry E. Hudson, District Judge. (3:11-cr-00149-HEH-RCY-1; 3:13-cv-00258-HEH-RCY) Submitted: November 19, 2015 Decided: November 23, 2015 Before NIEMEYER, KING, and HARRIS, Circuit Judges. Dismissed by unpublished per curiam opini..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-6690
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
KIM JENKINS BRANDVEEN,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Henry E. Hudson, District
Judge. (3:11-cr-00149-HEH-RCY-1; 3:13-cv-00258-HEH-RCY)
Submitted: November 19, 2015 Decided: November 23, 2015
Before NIEMEYER, KING, and HARRIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Jeremy Brian Gordon, JEREMY GORDON, PLLC, Mansfield, Texas, for
Appellant. Michael Calvin Moore, Assistant United States
Attorney, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Kim Jenkins Brandveen seeks to appeal the district court’s
order denying relief on her 28 U.S.C. § 2255 (2012) motion and
denying Brandveen’s motion for leave to amend. 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
Brandveen 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
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