# United States v. Brown

> Court of Appeals for the Fourth Circuit · October 21, 2009 · 333 F. App'x 752

URL: https://www.frixlaw.com/law-library/cases/1030467

## Case

- **Full name:** UNITED STATES of America, Plaintiff—Appellee, v. Jovon Montral BROWN, Defendant—Appellant
- **Court:** Court of Appeals for the Fourth Circuit
- **Decided:** October 21, 2009
- **Citations:** 333 F. App'x 752
- **Precedential status:** Unpublished
- **Opinion:** Opinion
- **Judges:** Shedd, Duncan, Agee
- **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UNPUBLISHED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. 09-6789

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

ISSAC JERMAINE BROWN,

Defendant - Appellant.

Appeal from the United States District Court for the District of
South Carolina, at Anderson. Henry M. Herlong, Jr., Senior
District Judge. (8:06-cr-00246-HMH-1; 8:09-cv-70015-HMH)

Submitted: October 15, 2009 Decided: October 21, 2009

Before SHEDD, DUNCAN, and AGEE, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Issac Jermaine Brown, Appellant Pro Se. Maxwell B. Cauthen, III,
Assistant United States Attorney, Greenville, South Carolina,
for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Issac Jermaine Brown seeks to appeal the district

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

Supp. 2009) motion. The order is 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/1030467. Public record. Not legal advice.