US v. Marcus Crandell, No. 09-8121 (4th Cir. 2010)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-8121 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. MARCUS CRANDELL, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Baltimore. Andre M. Davis, District Judge. (1:07-cr-00414-AMD-1; 1:09-cv-01187-AMD) Submitted: August 19, 2010 Decided: August 26, 2010 Before MOTZ, GREGORY, and AGEE, Circuit Judges. Dismissed by unpublished per curiam opinion. Marcus Crandell, Appellant Pro Se. Assistant United States Attorney, Appellee. Albert David Copperthite, Baltimore, Maryland, for Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Marcus Crandell seeks to appeal the district court s order denying his motion to withdraw the mandate and seeking reconsideration of its order denying relief on his 28 U.S.C.A. § 2255 (West Supp. 2010) motion. unless a circuit appealability. justice or The order is not appealable judge issues a 28 U.S.C. § 2253(c)(1) (2006). certificate of A certificate of appealability will not issue absent a substantial showing of the denial of a constitutional right. (2006). 28 U.S.C. § 2253(c)(2) When the district court denies relief on the merits, a prisoner satisfies this jurists would reasonable standard find by that demonstrating the district that 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). denies relief demonstrate on both procedural that the When the district court grounds, dispositive the prisoner procedural ruling must is debatable, and that the motion states a debatable claim of the denial of a constitutional right. We have independently reviewed the Slack, 529 U.S. at 484-85. record and Crandell has not made the requisite showing. conclude Accordingly, we deny a certificate of appealability and dismiss the appeal. deny Crandell s motion to appoint counsel. oral argument because the facts 2 and legal that We We dispense with contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 3
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