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    United States v. Michael Branch, 4th Cir. (2012)

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    This document summarizes a court case in which Michael Lawrence Branch sought to appeal the district court's denial of his 28 U.S.C.A. § 2255 motion. The circuit court dismissed the appeal, finding that Branch did not make the requisite showing to obtain a certificate of appealability, which is required to appeal the denial of a § 2255 motion. Specifically, the circuit court independently reviewed the record and concluded that Branch had not demonstrated that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong.

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    United States v. Michael Branch, 4th Cir. (2012)

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    This document summarizes a court case in which Michael Lawrence Branch sought to appeal the district court's denial of his 28 U.S.C.A. § 2255 motion. The circuit court dismissed the appeal, finding that Branch did not make the requisite showing to obtain a certificate of appealability, which is required to appeal the denial of a § 2255 motion. Specifically, the circuit court independently reviewed the record and concluded that Branch had not demonstrated that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong.

    Original Description:

    Filed: 2012-08-20 Precedential Status: Non-Precedential Docket: 12-6693

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    This document summarizes a court case in which Michael Lawrence Branch sought to appeal the district court's denial of his 28 U.S.C.A. § 2255 motion. The circuit court dismissed the appeal, finding that Branch did not make the requisite showing to obtain a certificate of appealability, which is required to appeal the denial of a § 2255 motion. Specifically, the circuit court independently reviewed the record and concluded that Branch had not demonstrated that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong.

    Copyright:

    Public Domain
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    6 views3 pages

    United States v. Michael Branch, 4th Cir. (2012)

    Uploaded by

    Scribd Government Docs
    This document summarizes a court case in which Michael Lawrence Branch sought to appeal the district court's denial of his 28 U.S.C.A. § 2255 motion. The circuit court dismissed the appeal, finding that Branch did not make the requisite showing to obtain a certificate of appealability, which is required to appeal the denial of a § 2255 motion. Specifically, the circuit court independently reviewed the record and concluded that Branch had not demonstrated that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 12-6693

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    MICHAEL LAWRENCE BRANCH,
    Defendant - Appellant.

    Appeal from the United States District Court for the District of
    Maryland, at Baltimore.
    Catherine C. Blake, District Judge.
    (1:05-cr-00016-CCB-1; 1:10-cv-00079-CCB)

    Submitted:

    August 16, 2012

    Decided:

    August 20, 2012

    Before KING and THACKER, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.

    Michael Lawrence Branch, Appellant Pro Se.


    Allen F. Loucks,
    Assistant United States Attorney, Andrea L. Smith, OFFICE OF THE
    UNITED STATES ATTORNEY, Baltimore, Maryland, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Michael Lawrence Branch seeks to appeal the district
    courts order denying relief on his 28 U.S.C.A. 2255 (West
    Supp.

    2012)

    motion.

    The

    order

    is

    not

    appealable

    unless

    circuit justice or judge issues a certificate of appealability.


    28

    U.S.C.

    2253(c)(1)(B)

    (2006).

    certificate

    of

    appealability will not issue absent a substantial showing of


    the denial of a constitutional right.
    (2006).

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

    When the district court denies relief on the merits, a

    prisoner

    satisfies

    this

    jurists

    would

    reasonable

    standard
    find

    by

    that

    demonstrating

    the

    district

    that

    courts

    assessment of the constitutional claims is debatable or wrong.


    Slack v. McDaniel, 529 U.S. 473, 484 (2000); see Miller-El v.
    Cockrell, 537 U.S. 322, 336-38 (2003).
    denies

    relief

    demonstrate

    on

    both

    procedural

    that

    the

    When the district court

    grounds,

    dispositive

    the

    prisoner

    procedural

    must

    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 Branch 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 the


    court and argument would not aid the decisional process.

    DISMISSED

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