Elawyers Elawyers
Washington| Change

United States v. Alexander Horst, 19-7792 (2020)

Court: Court of Appeals for the Fourth Circuit Number: 19-7792 Visitors: 10
Filed: Aug. 10, 2020
Latest Update: Sep. 22, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-7792 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ALEXANDER QUINTON HORST, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Mark S. Davis, Chief District Judge. (2:15-cr-00046-MSD-DEM-3; 2:16-cv- 00221-MSD) Submitted: July 31, 2020 Decided: August 10, 2020 Before AGEE, DIAZ, and THACKER, Circuit Judges. Dismissed by unpublished per curiam opinion. Al
More
                                    UNPUBLISHED

                       UNITED STATES COURT OF APPEALS
                           FOR THE FOURTH CIRCUIT


                                      No. 19-7792


UNITED STATES OF AMERICA,

                    Plaintiff - Appellee,

             v.

ALEXANDER QUINTON HORST,

                    Defendant - Appellant.



Appeal from the United States District Court for the Eastern District of Virginia, at
Norfolk. Mark S. Davis, Chief District Judge. (2:15-cr-00046-MSD-DEM-3; 2:16-cv-
00221-MSD)


Submitted: July 31, 2020                                          Decided: August 10, 2020


Before AGEE, DIAZ, and THACKER, Circuit Judges.


Dismissed by unpublished per curiam opinion.


Alexander Quinton Horst, Appellant Pro Se.


Unpublished opinions are not binding precedent in this circuit.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

       Alexander Quinton Horst 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 Horst 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


Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer