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United States v. Calvin Lewis, 20-6292 (2020)

Court: Court of Appeals for the Fourth Circuit Number: 20-6292 Visitors: 10
Filed: Jul. 24, 2020
Latest Update: Sep. 22, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 20-6292 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. CALVIN LEON LEWIS, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Liam O’Grady, Senior District Judge. (1:14-cr-00015-LO-1; 1:15-cv-00759- LO) Submitted: July 21, 2020 Decided: July 24, 2020 Before AGEE, DIAZ, and HARRIS, Circuit Judges. Dismissed by unpublished per curiam opinion. Calvin Leon Le
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                                    UNPUBLISHED

                       UNITED STATES COURT OF APPEALS
                           FOR THE FOURTH CIRCUIT


                                       No. 20-6292


UNITED STATES OF AMERICA,

                    Plaintiff - Appellee,

             v.

CALVIN LEON LEWIS,

                    Defendant - Appellant.



Appeal from the United States District Court for the Eastern District of Virginia, at
Alexandria. Liam O’Grady, Senior District Judge. (1:14-cr-00015-LO-1; 1:15-cv-00759-
LO)


Submitted: July 21, 2020                                          Decided: July 24, 2020


Before AGEE, DIAZ, and HARRIS, Circuit Judges.


Dismissed by unpublished per curiam opinion.


Calvin Leon Lewis, Appellant Pro Se.


Unpublished opinions are not binding precedent in this circuit.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

       Calvin Leon Lewis 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 Lewis has not made

the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the

appeal. We further deny Lewis’ motion to appoint counsel. 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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