# United States v. Brown

> Court of Appeals for the Fourth Circuit · September 3, 2009 · 332 F. App'x 38

URL: https://www.frixlaw.com/law-library/cases/1029978

## Case

- **Full name:** UNITED STATES of America, Plaintiff-Appellee, v. Donte Lamont BROWN, Defendant-Appellant
- **Court:** Court of Appeals for the Fourth Circuit
- **Decided:** September 3, 2009
- **Citations:** 332 F. App'x 38
- **Precedential status:** Unpublished
- **Opinion:** Opinion
- **Judges:** Traxler, Gregory, Shedd
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

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## Opinion text

UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 09-6676

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

DONTE LAMONT BROWN,

Defendant - Appellant.

Appeal from the United States District Court for the District of
Maryland, at Baltimore. William M. Nickerson, Senior District
Judge. (1:05-cr-00053-WMN-1; 1:07-cv-02858-WMN)

Submitted: August 26, 2009 Decided: September 3, 2009

Before TRAXLER, Chief Judge, and GREGORY and SHEDD, Circuit
Judges.

Dismissed by unpublished per curiam opinion.

Donte Lamont Brown, Appellant Pro Se. Allen F. Loucks,
Assistant United States Attorney, Baltimore, Maryland, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:

Donte Lamont Brown seeks to appeal the district

court’s orders denying relief on his 28 U.S.C.A. § 2255 (West

Supp. 2009) motion and denying his motion for reconsideration.

The orders are not appealable unless a circuit justice or judge

issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)

(2006). 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) (2006). A prisoner satisfies this

standard by demonstrating that reasonable jurists would find

that any assessment of the constitutional claims by the district

court is debatable or wrong and that any dispositive procedural

ruling by the district court is likewise debatable. 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, 683-84 (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

2

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/1029978. Public record. Not legal advice.