Filed: Feb. 26, 2019
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-7456 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. MICHAEL STEVEN BEEMAN, Defendant - Appellant. Appeal from the United States District Court for the Western District of Virginia, at Harrisonburg. Michael F. Urbanski, Chief District Judge. (5:14-cr-00051-MFU-1; 5:17- cv-81244-MFU-RSB) Submitted: February 21, 2019 Decided: February 26, 2019 Before GREGORY, Chief Judge, and AGEE and DIAZ, Circuit Judges. Dismissed by unp
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-7456 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. MICHAEL STEVEN BEEMAN, Defendant - Appellant. Appeal from the United States District Court for the Western District of Virginia, at Harrisonburg. Michael F. Urbanski, Chief District Judge. (5:14-cr-00051-MFU-1; 5:17- cv-81244-MFU-RSB) Submitted: February 21, 2019 Decided: February 26, 2019 Before GREGORY, Chief Judge, and AGEE and DIAZ, Circuit Judges. Dismissed by unpu..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 18-7456
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MICHAEL STEVEN BEEMAN,
Defendant - Appellant.
Appeal from the United States District Court for the Western District of Virginia, at
Harrisonburg. Michael F. Urbanski, Chief District Judge. (5:14-cr-00051-MFU-1; 5:17-
cv-81244-MFU-RSB)
Submitted: February 21, 2019 Decided: February 26, 2019
Before GREGORY, Chief Judge, and AGEE and DIAZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Jeremy Brian Gordon, JEREMY GORDON, PLLC, Mansfield, Texas, for Appellant.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Michael Steven Beeman 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 Beeman 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