# United States v. Brown

> Court of Appeals for the Fourth Circuit · March 24, 2010 · 371 F. App'x 414

URL: https://www.frixlaw.com/law-library/cases/8675318

## Case

- **Full name:** United States v. Marty BROWN
- **Court:** Court of Appeals for the Fourth Circuit
- **Decided:** March 24, 2010
- **Citations:** 371 F. App'x 414
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Davis, Motz, Niemeyer
- **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/8675318

## Opinion text

Dismissed by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Marty Brown seeks to appeal the district court’s order denying relief on his 28 U.S.C.A. § 2255 (West Supp.2009) motion. The order is not appealable unless a circuit justice or judge issues a certificate of ap-pealability. 28 U.S.C. § 2253 (c)(1) (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). A prisoner satisfies this standard by demonstrating that reasonable jurists would find that any assessment of the constitutional claims by the district court is debatable or -wrong and that any dispositive procedural ruling by the district court is likewise debatable. Miller-El v. Cockrell, 537 U.S. 322, 336-38 , 123 S.Ct. 1029 , 154 L.Ed.2d 931 (2003); Slack v. McDaniel, 529 U.S. 473, 484 , 120 S.Ct. 1595 , 146 L.Ed.2d 542 (2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir.2001). We have independently reviewed the record and conclude that Brown has not made the requisite shoving. 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/8675318. Public record. Not legal advice.