United States v. Khalief Byrd

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 19-7570
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
KHALIEF BYRD, a/k/a Philly,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of Virginia, at
Richmond. Robert E. Payne, Senior District Judge. (3:12-cr-00122-REP-1; 3:16-cv-
00384-REP)
Submitted: February 20, 2020 Decided: February 25, 2020
Before GREGORY, Chief Judge, RUSHING, Circuit Judge, and TRAXLER, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Khalief Byrd, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Khalief Byrd seeks to appeal the district court’s order denying relief on his 28
U.S.C. § 2255 (2018) 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) (2018). 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) (2018). When the district court denies relief on the merits,
a prisoner satisfies this standard by demonstrating that reasonable jurists would find the
district court’s assessment of the constitutional claims debatable or wrong. See Buck v.
Davis, 137 S. Ct. 759, 773-74 (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 Byrd has not made
the requisite showing. Accordingly, we deny Byrd’s motion for appointment of counsel,
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