# United States v. Brown

> Court of Appeals for the Fourth Circuit · May 20, 2011 · 429 F. App'x 351

URL: https://www.frixlaw.com/law-library/cases/8673286

## Case

- **Full name:** United States v. Horace Linton BROWN
- **Court:** Court of Appeals for the Fourth Circuit
- **Decided:** May 20, 2011
- **Citations:** 429 F. App'x 351
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** King, Motz, Wilkinson
- **Cited by:** 1 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/8673286

## Opinion text

Dismissed by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Horace Linton Brown seeks to appeal the district court’s order denying relief on his 28 U.S.C.A. § 2255 (West Supp.2010) 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 appeal-ability 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 , 120 S.Ct. 1595 , 146 L.Ed.2d 542 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 , 123 S.Ct. 1029 , 154 L.Ed.2d 931 (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 , 120 S.Ct. 1595 . 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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8673286. Public record. Not legal advice.