United States v. Gerald Rice , 586 F. App'x 152 ( 2014 )


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  •                                 UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 14-7126
    UNITED STATES OF AMERICA,
    Plaintiff – Appellee,
    v.
    GERALD JEROME RICE,
    Defendant - Appellant.
    Appeal from the United States District Court for the District of
    Maryland, at Baltimore.     Catherine C. Blake, Chief District
    Judge. (1:12-cr-00412-CCB-1; 1:13-cv-02677-CCB)
    Submitted:   November 20, 2014                Decided:   December 9, 2014
    Before KEENAN    and   FLOYD,    Circuit   Judges,   and   DAVIS,   Senior
    Circuit Judge.
    Dismissed by unpublished per curiam opinion.
    Gerald Jerome Rice, Appellant Pro Se. John Walter Sippel, Jr.,
    Assistant United States Attorney, Baltimore, Maryland, for
    Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Gerald        Jerome    Rice    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 Rice 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
    2
    contentions   are   adequately   presented   in   the   materials   before
    this court and argument would not aid the decisional process.
    DISMISSED
    3
    

Document Info

Docket Number: 14-7126

Citation Numbers: 586 F. App'x 152

Judges: Keenan, Floyd, Davis

Filed Date: 12/9/2014

Precedential Status: Non-Precedential

Modified Date: 11/6/2024