US v. Daniel Holmes, No. 13-7077 (4th Cir. 2013)
Annotate this Case
Download PDF
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-7077 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DANIEL HOLMES, a/k/a Dan, a/k/a Big Dan, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Beaufort. Solomon Blatt, Jr., Senior District Judge. (9:04-cr-00429-SB-1; 9:12-cv-01311-SB) Submitted: November 21, 2013 Decided: December 9, 2013 Before NIEMEYER, DUNCAN, and AGEE, Circuit Judges. Dismissed by unpublished per curiam opinion. Daniel Holmes, Appellant Pro Se. Jimmie Ewing, Assistant United States Attorney, Columbia, South Carolina; Eric John Klumb; Matthew J. Modica, Assistant United States Attorneys, Charleston, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Daniel orders denying 2013) motion Holmes relief and seeks on to 28 his denying appeal U.S.C.A. his motion the district § 2255 for court s (West Supp. reconsideration. Holmes appeal may not proceed unless a circuit justice or judge issues a certificate § 2253(c)(1)(B) (2006). issue absent a of appealability. U.S.C. A certificate of appealability will not substantial constitutional right. 28 showing of the denial 28 U.S.C. § 2253(c)(2) (2006). of a 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 Cockrell, (2000); (2003). see Miller-El v. 537 U.S. 322, 336-38 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 Holmes has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. dispense with oral argument because 2 the facts and We legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. DISMISSED 3
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
