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    United States v. Robert Venson, 4th Cir. (2014)

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    1) Robert Dewain Venson appealed the district court's denial of his 28 U.S.C. § 2255 motion seeking relief from his conviction. 2) The Fourth Circuit Court of Appeals will not issue a certificate of appealability, which is required to appeal the district court's denial, unless the appellant can make a "substantial showing" that his constitutional rights were denied. 3) The Fourth Circuit independently reviewed the record and determined that Venson did not make the required showing. Therefore, the court denied a certificate of appealability and dismissed the appeal.

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    United States v. Robert Venson, 4th Cir. (2014)

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    1) Robert Dewain Venson appealed the district court's denial of his 28 U.S.C. § 2255 motion seeking relief from his conviction. 2) The Fourth Circuit Court of Appeals will not issue a certificate of appealability, which is required to appeal the district court's denial, unless the appellant can make a "substantial showing" that his constitutional rights were denied. 3) The Fourth Circuit independently reviewed the record and determined that Venson did not make the required showing. Therefore, the court denied a certificate of appealability and dismissed the appeal.

    Original Description:

    Filed: 2014-04-22 Precedential Status: Non-Precedential Docket: 14-6054

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    1) Robert Dewain Venson appealed the district court's denial of his 28 U.S.C. § 2255 motion seeking relief from his conviction. 2) The Fourth Circuit Court of Appeals will not issue a certificate of appealability, which is required to appeal the district court's denial, unless the appellant can make a "substantial showing" that his constitutional rights were denied. 3) The Fourth Circuit independently reviewed the record and determined that Venson did not make the required showing. Therefore, the court denied a certificate of appealability and dismissed the appeal.

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    8 views3 pages

    United States v. Robert Venson, 4th Cir. (2014)

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    Scribd Government Docs
    1) Robert Dewain Venson appealed the district court's denial of his 28 U.S.C. § 2255 motion seeking relief from his conviction. 2) The Fourth Circuit Court of Appeals will not issue a certificate of appealability, which is required to appeal the district court's denial, unless the appellant can make a "substantial showing" that his constitutional rights were denied. 3) The Fourth Circuit independently reviewed the record and determined that Venson did not make the required showing. Therefore, the court denied a certificate of appealability and dismissed the appeal.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 14-6054

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    ROBERT DEWAIN VENSON,
    Defendant - Appellant.

    Appeal from the United States District Court for the District of
    Maryland, at Greenbelt.
    Alexander Williams, Jr., District
    Judge. (8:09-cr-00088-AW-1; 8:13-cv-01683-AW)

    Submitted:

    April 17, 2014

    Decided:

    April 22, 2014

    Before WILKINSON, KING, and DUNCAN, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Robert Dewain Venson, Appellant Pro Se.


    David Ira Salem,
    Assistant United States Attorney, Greenbelt, Maryland, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Robert

    Dewain

    2253(c)(1)(B) (2012).
    issue

    absent

    of

    U.S.C.

    district

    2255

    appealability.

    28

    (2012)

    U.S.C.

    A certificate of appealability will not

    substantial

    constitutional right.

    28

    the

    The order is not appealable unless a circuit justice or


    certificate

    his

    appeal

    motion.

    on

    to

    order

    issues

    relief

    seeks

    courts

    judge

    denying

    Venson

    showing

    of

    the

    denial

    28 U.S.C. 2253(c)(2) (2012).

    of

    When the

    district court denies relief on the merits, a prisoner satisfies


    this

    standard

    by

    demonstrating

    that

    reasonable

    jurists

    would

    find that the district courts assessment of the constitutional


    claims is debatable or wrong.

    Slack v. McDaniel, 529 U.S. 473,

    484

    Cockrell,

    (2000);

    (2003).

    see

    Miller-El

    v.

    537

    U.S.

    322,

    336-38

    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.

    Slack,

    529 U.S. at 484-85.


    We have independently reviewed the record and conclude
    that Venson has not made the requisite showing.

    Accordingly, we

    deny a certificate of appealability and dismiss the appeal.


    dispense

    with

    oral

    argument

    because

    the

    facts

    and

    We

    legal

    contentions

    are

    adequately

    presented

    in

    the

    materials

    before

    this court and argument would not aid the decisional process.

    DISMISSED

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