# United States v. Brooks Brown

> Court of Appeals for the Fourth Circuit · August 9, 2013 · 537 F. App'x 272

URL: https://www.frixlaw.com/law-library/cases/1037012

## Case

- **Full name:** UNITED STATES of America, Plaintiff-Appellee, v. Brooks Thomas Lackey BROWN, Defendant-Appellant
- **Court:** Court of Appeals for the Fourth Circuit
- **Decided:** August 9, 2013
- **Citations:** 537 F. App'x 272
- **Precedential status:** Unpublished
- **Opinion:** Opinion
- **Judges:** Gregory, Shedd, Duncan
- **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.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/1037012

## Opinion text

UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 13-6338

UNITED STATES OF AMERICA,

Plaintiff – Appellee,

v.

BROOKS THOMAS LACKEY BROWN,

Defendant - Appellant.

Appeal from the United States District Court for the Western
District of North Carolina, at Statesville. Richard L.
Voorhees, District Judge. (5:05-cr-00237-RLV-DCK-5; 5:09-cv-
00048-RLV)

Submitted: July 29, 2013 Decided: August 9, 2013

Before GREGORY, SHEDD, and DUNCAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Clifford James Barnard, CLIFFORD J. BARNARD, ATTORNEY AT LAW,
Boulder, Colorado, for Appellant. Amy Elizabeth Ray, Assistant
United States Attorney, Jill Westmoreland Rose, OFFICE OF THE
UNITED STATES ATTORNEY, Asheville, North Carolina; Kevin Zolot,
OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina,
for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Brooks Thomas Lackey Brown seeks to appeal the

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

(West Supp. 2013) motion. The order is not appealable unless a

circuit justice or judge issues a certificate of appealability.

28 U.S.C. § 2253(c)(1)(B) (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). When the district court denies relief on the merits, a

prisoner satisfies this standard by demonstrating that

reasonable jurists would find that the district court’s

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). 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 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

2
contentions are adequately presented in the materials before

this court and argument would not aid the decisional process.

DISMISSED

3

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/1037012. Public record. Not legal advice.