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  • United States v. Brown, 4th Cir. (2005)

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    This document is a court opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Johnny Mack Brown, a federal prisoner seeking to appeal the district court's denial of relief on his motion under 28 U.S.C. § 2255. The court independently reviewed the record and determined that Brown did not make the requisite showing to satisfy the standards for issuing a certificate of appealability. Therefore, the court denied a certificate of appealability and dismissed the appeal.

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    Filed: 2005-02-16 Precedential Status: Non-Precedential Docket: 03-7347

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    This document is a court opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Johnny Mack Brown, a federal prisoner seeking to appeal the district court's denial of relief on his motion under 28 U.S.C. § 2255. The court independently reviewed the record and determined that Brown did not make the requisite showing to satisfy the standards for issuing a certificate of appealability. Therefore, the court denied a certificate of appealability and dismissed the appeal.

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    Public Domain
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    4 views2 pages

    United States v. Brown, 4th Cir. (2005)

    Uploaded by

    Scribd Government Docs
    This document is a court opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Johnny Mack Brown, a federal prisoner seeking to appeal the district court's denial of relief on his motion under 28 U.S.C. § 2255. The court independently reviewed the record and determined that Brown did not make the requisite showing to satisfy the standards for issuing a certificate of appealability. Therefore, the court denied a certificate of appealability and dismissed the appeal.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 03-7347

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    JOHNNY MACK BROWN,
    Defendant - Appellant.

    Appeal from the United States District Court for the Western
    District of Virginia, at Roanoke. James C. Turk, Senior District
    Judge. (CR-94-27; CA-03-536-7)

    Submitted:

    January 19, 2005

    Decided:

    February 16, 2005

    Before NIEMEYER, WILLIAMS, and TRAXLER, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Johnny Mack Brown, Appellant Pro Se. Ruth Elizabeth Plagenhoef,


    Assistant United States Attorney, Roanoke, Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Johnny Mack Brown, a federal prisoner, seeks to appeal
    the district courts order denying relief on his motion filed under
    28 U.S.C. 2255 (2000).

    An appeal may not be taken from the final

    order in a 2255 proceeding unless a circuit justice or judge


    issues a certificate of appealability.
    (2000).

    28 U.S.C. 2253(c)(1)

    A certificate of appealability will not issue for claims

    addressed by a district court absent a substantial showing of the


    denial of a constitutional right.

    28 U.S.C. 2253(c)(2) (2000).

    A prisoner satisfies this standard by demonstrating that reasonable


    jurists would find both that the district courts assessment of his
    constitutional

    claims

    is

    debatable

    or

    wrong

    and

    that

    any

    dispositive procedural rulings by the district court are also


    debatable or wrong.

    See Miller-El v. Cockrell, 537 U.S. 322, 336-

    38 (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v.


    Lee, 252 F.3d 676, 683 (4th Cir. 2001).

    We have independently

    reviewed the record and conclude that Brown has not made the
    requisite

    showing.

    Accordingly,

    we

    appealability and dismiss the appeal.

    deny

    certificate

    of

    We grant the motion to file

    a pro se supplemental brief and dispense with oral argument because


    the facts and legal contentions are adequately presented in the
    materials

    before

    the

    court

    and

    argument

    would

    not

    aid

    the

    decisional process.
    DISMISSED

    - 2 -

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