# United States v. Horace Brown, Sr.

> Court of Appeals for the Fourth Circuit · December 22, 2017 · 707 F. App'x 153

URL: https://www.frixlaw.com/law-library/cases/4231778

## Case

- **Full name:** UNITED STATES of America, Plaintiff-Appellee, v. Horace Lorenzo BROWN, Sr., Defendant-Appellant
- **Court:** Court of Appeals for the Fourth Circuit
- **Decided:** December 22, 2017
- **Citations:** 707 F. App'x 153
- **Precedential status:** Unpublished
- **Opinion:** Opinion
- **Judges:** Shedd, Agee, Diaz
- **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UNPUBLISHED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. 17-7312

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

HORACE LORENZO BROWN, SR.,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at
Alexandria. James C. Cacheris, Senior District Judge. (1:16-cr-00225-JCC-1; 1:17-cv-
00640-JCC)

Submitted: December 19, 2017 Decided: December 22, 2017

Before SHEDD, AGEE, and DIAZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Horace Lorenzo Brown, Sr., Appellant Pro Se. Lena S. Munasifi, OFFICE OF THE
UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Horace Lorenzo Brown, Sr., 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, deny

leave to proceed in forma pauperis, 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/4231778. Public record. Not legal advice.