Filed: Feb. 21, 2020
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-7688 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ERNEST RAYMOND ROBERTS, a/k/a Balla Walla, a/k/a Balowala, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Aiken. Mary G. Lewis, District Judge. (1:17-cr-00178-MGL-1; 1:19-cv-00621-MGL) Submitted: February 18, 2020 Decided: February 21, 2020 Before MOTZ, HARRIS, and QUATTLEBAUM, Circuit Judges. Dismissed by unp
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-7688 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ERNEST RAYMOND ROBERTS, a/k/a Balla Walla, a/k/a Balowala, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Aiken. Mary G. Lewis, District Judge. (1:17-cr-00178-MGL-1; 1:19-cv-00621-MGL) Submitted: February 18, 2020 Decided: February 21, 2020 Before MOTZ, HARRIS, and QUATTLEBAUM, Circuit Judges. Dismissed by unpu..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 19-7688
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ERNEST RAYMOND ROBERTS, a/k/a Balla Walla, a/k/a Balowala,
Defendant - Appellant.
Appeal from the United States District Court for the District of South Carolina, at Aiken.
Mary G. Lewis, District Judge. (1:17-cr-00178-MGL-1; 1:19-cv-00621-MGL)
Submitted: February 18, 2020 Decided: February 21, 2020
Before MOTZ, HARRIS, and QUATTLEBAUM, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Ernest Raymond Roberts, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Ernest Raymond Roberts 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
would 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)).
Limiting our review of the record to the issues raised in Roberts’ informal brief, we
conclude that Roberts has not made the requisite showing. See 4th Cir. R. 34(b); see also
Jackson v. Lightsey,
775 F.3d 170, 177 (4th Cir. 2014) (“The informal brief is an important
document; under Fourth Circuit rules, our review is limited to issues preserved in that
brief.”). 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