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    United States v. Carlos Sanders, 4th Cir. (2016)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Carlos Alexander Sanders' appeal of the district court's denial of his 28 U.S.C. § 2255 motion. The court of appeals independently reviewed the record and determined that Sanders did not make a substantial showing of the denial of a constitutional right. As such, the court denied Sanders a certificate of appealability and dismissed the appeal.

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    United States v. Carlos Sanders, 4th Cir. (2016)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Carlos Alexander Sanders' appeal of the district court's denial of his 28 U.S.C. § 2255 motion. The court of appeals independently reviewed the record and determined that Sanders did not make a substantial showing of the denial of a constitutional right. As such, the court denied Sanders a certificate of appealability and dismissed the appeal.

    Original Description:

    Filed: 2016-03-02 Precedential Status: Non-Precedential Docket: 15-7976

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Carlos Alexander Sanders' appeal of the district court's denial of his 28 U.S.C. § 2255 motion. The court of appeals independently reviewed the record and determined that Sanders did not make a substantial showing of the denial of a constitutional right. As such, the court denied Sanders a certificate of appealability and dismissed the appeal.

    Copyright:

    Public Domain
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    11 views3 pages

    United States v. Carlos Sanders, 4th Cir. (2016)

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    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Carlos Alexander Sanders' appeal of the district court's denial of his 28 U.S.C. § 2255 motion. The court of appeals independently reviewed the record and determined that Sanders did not make a substantial showing of the denial of a constitutional right. As such, the court denied Sanders 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. 15-7976

    UNITED STATES OF AMERICA,


    Plaintiff Appellee,
    v.
    CARLOS ALEXANDER SANDERS,
    Defendant - Appellant.

    Appeal from the United States District Court for the Eastern
    District of Eastern District of North Carolina, at Raleigh.
    Louise W. Flanagan, District Judge.
    (5:12-cr-00158-FL-1;
    5:13-cv-00873-FL)

    Submitted:

    February 25, 2016

    Before SHEDD and


    Circuit Judge.

    HARRIS,

    Circuit

    Decided:

    Judges,

    and

    March 2, 2016

    DAVIS,

    Senior

    Dismissed by unpublished per curiam opinion.

    Carlos Alexander Sanders, Appellant Pro Se. Barbara Dickerson


    Kocher, Assistant United States Attorney, Seth Morgan Wood,
    OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina,
    for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Carlos
    courts

    Alexander

    order

    Sanders

    accepting

    the

    seeks

    to

    appeal

    recommendation

    of

    the
    the

    district
    magistrate

    judge and denying relief on his 28 U.S.C. 2255 (2012) motion.


    The order is not appealable unless a circuit justice or judge
    issues

    certificate

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

    absent

    of

    appealability.

    U.S.C.

    A certificate of appealability will not

    substantial

    constitutional right.

    28

    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
    Sanders 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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