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United States v. Ricky Crawford, Jr., 19-7316 (2020)

Court: Court of Appeals for the Fourth Circuit Number: 19-7316 Visitors: 10
Filed: May 12, 2020
Latest Update: May 12, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-7316 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. RICKY DOUGLAS CRAWFORD, JR., Defendant - Appellant. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. William L. Osteen, Jr., District Judge. (1:14-cr-00138-WO-1; 1:16-cv- 00476-WO-JEP) Submitted: May 5, 2020 Decided: May 12, 2020 Before WYNN, FLOYD, and QUATTLEBAUM, Circuit Judges. Dismissed by unpublished per curia
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                                    UNPUBLISHED

                       UNITED STATES COURT OF APPEALS
                           FOR THE FOURTH CIRCUIT


                                      No. 19-7316


UNITED STATES OF AMERICA,

                    Plaintiff - Appellee,

             v.

RICKY DOUGLAS CRAWFORD, JR.,

                    Defendant - Appellant.



Appeal from the United States District Court for the Middle District of North Carolina, at
Greensboro. William L. Osteen, Jr., District Judge. (1:14-cr-00138-WO-1; 1:16-cv-
00476-WO-JEP)


Submitted: May 5, 2020                                            Decided: May 12, 2020


Before WYNN, FLOYD, and QUATTLEBAUM, Circuit Judges.


Dismissed by unpublished per curiam opinion.


Ricky Douglas Crawford, Jr., Appellant Pro Se.


Unpublished opinions are not binding precedent in this circuit.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

       Ricky Douglas Crawford, Jr., seeks to appeal the district court’s order denying relief

on his 28 U.S.C. § 2255 (2018) motion. The order is not appealable unless a circuit justice

or judge issues a certificate of appealability. See 28 U.S.C. § 2253(c)(1)(B) (2018). 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) (2018). When the district court denies relief

on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists

could find the district court’s assessment of the constitutional claims debatable or wrong.

See Buck v. Davis, 
137 S. Ct. 759
, 773-74 (2017). 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. Gonzalez v. Thaler, 
565 U.S. 134
, 140-41 (2012) (citing Slack v.

McDaniel, 
529 U.S. 473
, 484 (2000)).

       We have independently reviewed the record and conclude that Crawford 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

Source:  CourtListener

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