# United States v. Javier Brown

> Court of Appeals for the Fourth Circuit · August 29, 2023

URL: https://www.frixlaw.com/law-library/cases/9785012

## Case

- **Court:** Court of Appeals for the Fourth Circuit
- **Decided:** August 29, 2023
- **Precedential status:** Unpublished
- **Opinion:** Opinion
- **Cited by:** 0 later opinions in the Frix Law Library

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## Opinion text

USCA4 Appeal: 23-6409 Doc: 6 Filed: 08/29/2023 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 23-6409

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

JAVIER BROWN, a/k/a Juv,

Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at
Columbia. Mary G. Lewis, District Judge. (3:16-cr-00630-MGL-1; 3:21-cv-00568-MGL)

Submitted: August 24, 2023 Decided: August 29, 2023

Before QUATTLEBAUM and HEYTENS, Circuit Judges, and MOTZ, Senior Circuit
Judge.

Dismissed by unpublished per curiam opinion.

Javier Brown, Appellant Pro Se. Winston David Holliday, Jr., Assistant United States
Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Columbia, South Carolina,
for Appellee.

Unpublished opinions are not binding precedent in this circuit.
USCA4 Appeal: 23-6409 Doc: 6 Filed: 08/29/2023 Pg: 2 of 2

PER CURIAM:

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

28 U.S.C. § 2255 motion. The order is not appealable unless a circuit justice or judge

issues a certificate of appealability. See 28 U.S.C. § 2253(c)(1)(B). 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). When the district court denies relief on the merits, a

prisoner satisfies this standard by demonstrating that reasonable jurists could find the

district court’s assessment of the constitutional claims debatable or wrong. See Buck v.

Davis, 580 U.S. 100, 115-17 (2017). 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.

Gonzalez v. Thaler, 565 U.S. 134, 140-41 (2012) (citing Slack v. McDaniel, 529 U.S. 473,

484 (2000)).

We have independently reviewed the record and conclude that Brown has not made

the requisite showing. See United States v. Davis, __ F.4th __, __, No. 20-4433, 2023 WL

4876392, at *9-13 (4th Cir. Aug. 1, 2023). 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/9785012. Public record. Not legal advice.