United States v. Kiwanii Mosley

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 20-7008
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
KIWANII EDWARD MOSLEY, Ghost,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of Virginia, at
Norfolk. Raymond A. Jackson, District Judge. (2:11-cr-00058-RAJ-FBS-3;
2:20-cv-00130-RAJ)
Submitted: July 22, 2021 Decided: August 10, 2021
Before KEENAN, DIAZ, and QUATTLEBAUM, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Kiwanii Edward Mosley, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Kiwanii Edward Mosley 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, 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)).
Limiting our review of the record to the issues raised in Mosley’s informal brief, we
conclude that Mosley has not made the requisite showing. See 4th Cir. R. 34(b); see also
Jackson v. Lightsey, 775 F.3d 170, 177 (4th Cir. 2014) (“The informal brief is an important
document; under Fourth Circuit rules, our review is limited to issues preserved in that
brief.”). Accordingly, we deny a certificate of appealability, deny as moot Mosley’s
motion seeking permission to file a motion for compassionate release with the district
court, and dismiss the appeal.
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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
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