# United States v. Jean Brown

> Court of Appeals for the Fourth Circuit · October 4, 2016 · 669 F. App'x 128

URL: https://www.frixlaw.com/law-library/cases/4079459

## Case

- **Full name:** UNITED STATES of America, Plaintiff-Appellee, v. Jean BROWN, Defendant-Appellant
- **Court:** Court of Appeals for the Fourth Circuit
- **Decided:** October 4, 2016
- **Citations:** 669 F. App'x 128
- **Precedential status:** Unpublished
- **Opinion:** Opinion
- **Judges:** Shedd, Keenan, Harris
- **Cited by:** 0 later opinions in the Frix Law Library

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## Opinion text

UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-6384

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

JEAN BROWN,

Defendant - Appellant.

Appeal from the United States District Court for the District of
Maryland, at Baltimore. J. Frederick Motz, Senior District
Judge. (1:11-cr-00050-JFM-1; 1:15-cv-00590-JFM)

Submitted: September 29, 2016 Decided: October 4, 2016

Before SHEDD, KEENAN, and HARRIS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Jean Brown, Appellant Pro Se. Evan Thomas Shea, Assistant
United States Attorney, Baltimore, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Jean Brown seeks to appeal the district court’s order

denying relief on her 28 U.S.C. § 2255 (2012) 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) (2012).

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) (2012). 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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4079459. Public record. Not legal advice.