Filed: Dec. 21, 2018
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-6977 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JOE ROGER CHESTNUT, a/k/a Little Roger, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Florence. R. Bryan Harwell, District Judge. (4:14-cr-00293-RBH-1; 4:15-cv-04304- RBH) Submitted: December 18, 2018 Decided: December 21, 2018 Before AGEE, THACKER, and HARRIS, Circuit Judges. Dismissed by unpublished per cur
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-6977 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JOE ROGER CHESTNUT, a/k/a Little Roger, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Florence. R. Bryan Harwell, District Judge. (4:14-cr-00293-RBH-1; 4:15-cv-04304- RBH) Submitted: December 18, 2018 Decided: December 21, 2018 Before AGEE, THACKER, and HARRIS, Circuit Judges. Dismissed by unpublished per curi..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 18-6977
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JOE ROGER CHESTNUT, a/k/a Little Roger,
Defendant - Appellant.
Appeal from the United States District Court for the District of South Carolina, at
Florence. R. Bryan Harwell, District Judge. (4:14-cr-00293-RBH-1; 4:15-cv-04304-
RBH)
Submitted: December 18, 2018 Decided: December 21, 2018
Before AGEE, THACKER, and HARRIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Joe Roger Chestnut, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Joe Roger Chestnut seeks to appeal the district court’s order denying relief on his
28 U.S.C. § 2255 (2012) 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) (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 Chestnut 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