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  • United States v. Melvin Christian, 4th Cir. (2015)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding an appeal by Melvin Dartfield Christian of the district court's denial of his 28 U.S.C. § 2255 motion. The per curiam opinion dismisses the appeal, finding that Christian has not made the requisite showing to receive a certificate of appealability, which requires demonstrating that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. Specifically, the court independently reviewed the record and concluded Christian did not show that the dispositive procedural ruling is debatable or that his motion states a debatable claim of the denial of a constitutional right, as required.

    Original Description:

    Filed: 2015-05-06 Precedential Status: Non-Precedential Docket: 14-7605

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding an appeal by Melvin Dartfield Christian of the district court's denial of his 28 U.S.C. § 2255 motion. The per curiam opinion dismisses the appeal, finding that Christian has not made the requisite showing to receive a certificate of appealability, which requires demonstrating that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. Specifically, the court independently reviewed the record and concluded Christian did not show that the dispositive procedural ruling is debatable or that his motion states a debatable claim of the denial of a constitutional right, as required.

    Copyright:

    Public Domain
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    9 views3 pages

    United States v. Melvin Christian, 4th Cir. (2015)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding an appeal by Melvin Dartfield Christian of the district court's denial of his 28 U.S.C. § 2255 motion. The per curiam opinion dismisses the appeal, finding that Christian has not made the requisite showing to receive a certificate of appealability, which requires demonstrating that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. Specifically, the court independently reviewed the record and concluded Christian did not show that the dispositive procedural ruling is debatable or that his motion states a debatable claim of the denial of a constitutional right, as required.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 14-7605

    UNITED STATES OF AMERICA,


    Plaintiff Appellee,
    v.
    MELVIN DARTFIELD CHRISTIAN, a/k/a Melvin D. Christian,
    Defendant - Appellant.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Richmond.
    James R. Spencer, Senior
    District Judge. (3:10-cr-00200-JRS-1; 3:12-cv-00702-JRS)

    Submitted:

    April 30, 2015

    Before MOTZ and


    Circuit Judge.

    AGEE,

    Circuit

    Decided:

    Judges,

    and

    May 6, 2015

    HAMILTON,

    Senior

    Dismissed by unpublished per curiam opinion.

    Melvin Dartfield Christian, Appellant Pro Se. Richard Daniel


    Cooke, Assistant United States Attorney, Richmond, Virginia, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Melvin

    Dartfield

    Christian

    2253(c)(1)(B) (2012).
    issue

    absent

    of

    U.S.C.

    2255

    appealability.

    28

    (2012)

    U.S.C.

    A certificate of appealability will not

    substantial

    constitutional right.

    28

    district

    The order is not appealable unless a circuit justice or


    certificate

    his

    the

    motion.

    on

    appeal

    order

    issues

    relief

    to

    courts

    judge

    denying

    seeks

    showing

    of

    the

    denial

    28 U.S.C. 2253(c)(2) (2012).

    of

    When the

    district court denies relief on the merits, a prisoner satisfies


    this

    standard

    by

    demonstrating

    that

    reasonable

    jurists

    would

    find that the district courts assessment of the constitutional


    claims is debatable or wrong.

    Slack v. McDaniel, 529 U.S. 473,

    484

    Cockrell,

    (2000);

    (2003).

    see

    Miller-El

    v.

    537

    U.S.

    322,

    336-38

    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
    Christian has not made the requisite showing.

    Accordingly, we

    deny a certificate of appealability and dismiss the appeal.


    dispense

    with

    oral

    argument

    because

    the

    facts

    and

    We

    legal

    contentions

    are

    adequately

    presented

    in

    the

    materials

    before

    this court and argument would not aid the decisional process.

    DISMISSED

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