# United States v. Elliott Brown

> Court of Appeals for the Fourth Circuit · May 26, 2017 · 690 F. App'x 117

URL: https://www.frixlaw.com/law-library/cases/4172223

## Case

- **Full name:** UNITED STATES of America, Plaintiff-Appellee, v. Elliott BROWN, A/K/A Ta Dow, Defendant-Appellant
- **Court:** Court of Appeals for the Fourth Circuit
- **Decided:** May 26, 2017
- **Citations:** 690 F. App'x 117
- **Precedential status:** Unpublished
- **Opinion:** Opinion
- **Judges:** King, Agee, Wynn
- **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UNPUBLISHED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. 17-6097

UNITED STATES OF AMERICA,

Plaintiff – Appellee,

v.

ELLIOTT BROWN, a/k/a Ta Dow,

Defendant - Appellant.

Appeal from the United States District Court for the District of Maryland, at Baltimore.
Marvin J. Garbis, Senior District Judge. (1:08-cr-00415-MJG-2; 1:12-cv-02802-MJG)

Submitted: May 23, 2017 Decided: May 26, 2017

Before KING, AGEE, and WYNN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Elliott Brown, Appellant Pro Se. James Thomas Wallner, Assistant United States
Attorney, Christopher M. Mason, Special Assistant United States Attorney, Baltimore,
Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Elliott Brown seeks to appeal the district court’s order denying relief on his 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

contentions are adequately presented in the materials before this 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/4172223. Public record. Not legal advice.