# United States v. Brown

> Court of Appeals for the Fourth Circuit · October 7, 2005 · 145 F. App'x 425

URL: https://www.frixlaw.com/law-library/cases/1017245

## Case

- **Full name:** UNITED STATES of America, Plaintiff-Appellee, v. Michael BROWN, A/K/A Rasheem Russell, A/K/A Hakeem Brown, A/K/A Rasheem Jamal Russell, A/K/A Michael Haseem Brown, Defendant-Appellant
- **Court:** Court of Appeals for the Fourth Circuit
- **Decided:** October 7, 2005
- **Citations:** 145 F. App'x 425
- **Precedential status:** Unpublished
- **Opinion:** Opinion
- **Judges:** Wilkinson, King, Gregory
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
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## Opinion text

UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 05-6716

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

MICHAEL BROWN, a/k/a Rasheem Russell, a/k/a
Hakeem Brown, a/k/a Rasheem Jamal Russell,
a/k/a Michael Haseem Brown,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Claude M. Hilton, District
Judge. (CR-01-23-A; CA-03-243-AM)

Submitted: September 29, 2005 Decided: October 7, 2005

Before WILKINSON, KING, and GREGORY, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Thomas Russell Quinn, Philadelphia, Pennsylvania, for Appellant.
Paul Joseph McNulty, United States Attorney, Kathleen Marie Kahoe,
Assistant United States Attorney, Alexandria, Virginia, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:

Michael Brown seeks to appeal the district court’s 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. 28 U.S.C. § 2253(c)(1) (2000). 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) (2000).

A prisoner satisfies this standard by demonstrating that reasonable

jurists would find that the district court’s assessment of his

constitutional claims is debatable 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 (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 deny a certificate of appealability and dismiss the

appeal. We 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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/1017245. Public record. Not legal advice.