US v. Jermaine Wilson

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7974 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JERMAINE WILSON, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Greenbelt. Alexander Williams, Jr., District Judge. (8:03-cr-00321-AW-17; 8:09-cv-01340-AW) Submitted: June 29, 2010 Decided: July 22, 2010 Before TRAXLER, Chief Judge, and KING and AGEE, Circuit Judges. Dismissed by unpublished per curiam opinion. Jermaine Wilson, Appellant Pro Se. Stuart A. Berman, Assistant United States Attorney, Greenbelt, Maryland, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Jermaine Wilson seeks to appeal the district court's order denying as untimely his 28 U.S.C.A. § 2255 (West Supp. 2010) motion. justice or The order is not appealable unless a circuit issues a certificate of appealability. 28 judge U.S.C. § 2253(c)(1) (2006). not issue absent "a A certificate of appealability will showing of the denial of a substantial constitutional right." 28 U.S.C. § 2253(c)(2) (2006). 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. 484 (2000); see Miller-El v. Slack v. McDaniel, 529 U.S. 473, 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. 529 U.S. at 484-85. Slack, We have independently reviewed the record and conclude that Wilson 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 contentions are adequately presented in the materials 2 before the court and argument would not aid the decisional process. DISMISSED 3