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United States v. Lorenzo Roscoe, 20-6246 (2020)

Court: Court of Appeals for the Fourth Circuit Number: 20-6246 Visitors: 12
Filed: Jun. 23, 2020
Latest Update: Sep. 22, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 20-6246 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. LORENZO EVERRETTE ROSCOE, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Rebecca Beach Smith, Senior District Judge. (2:18-cr-00057-RBS-DEM-1; 2:19-cv-00445-RBS-DEM) Submitted: June 18, 2020 Decided: June 23, 2020 Before FLOYD, THACKER, and RUSHING, Circuit Judges. Dismissed by unpublished per curia
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                                    UNPUBLISHED

                       UNITED STATES COURT OF APPEALS
                           FOR THE FOURTH CIRCUIT


                                      No. 20-6246


UNITED STATES OF AMERICA,

                    Plaintiff - Appellee,

             v.

LORENZO EVERRETTE ROSCOE,

                    Defendant - Appellant.



Appeal from the United States District Court for the Eastern District of Virginia, at
Norfolk. Rebecca Beach Smith, Senior District Judge. (2:18-cr-00057-RBS-DEM-1;
2:19-cv-00445-RBS-DEM)


Submitted: June 18, 2020                                          Decided: June 23, 2020


Before FLOYD, THACKER, and RUSHING, Circuit Judges.


Dismissed by unpublished per curiam opinion.


Lorenzo Everrette Roscoe, Appellant Pro Se.


Unpublished opinions are not binding precedent in this circuit.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

       Lorenzo Everrette Roscoe 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 Roscoe has not made

the requisite showing. Accordingly, we deny a certificate of appealability, deny leave to

proceed in forma pauperis, 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


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