US v. Lamont Sanders, No. 09-7997 (4th Cir. 2010)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7997 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. LAMONT ANTWON SANDERS, a/k/a Twon, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Baltimore. J. Frederick Motz, District Judge. (1:09-cv-00957-JFM; 1:06-cr-00087-JFM-1) Submitted: April 30, 2010 Decided: May 17, 2010 Before GREGORY, SHEDD, and AGEE, Circuit Judges. Dismissed by unpublished per curiam opinion. Lamont Antwon Sanders, Appellant Pro Se. Michael Joseph Leotta, John Walter Sippel, Jr., Assistant United States Attorneys, Baltimore, Maryland, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Lamont Antwon Sanders seeks to appeal the district court s order denying relief on his 28 U.S.C.A. § 2255 (West Supp. 2009) motion reconsideration. justice or judge and the issue absent summary order denying The orders are not appealable unless a circuit issues a U.S.C. § 2253(c)(1) (2006). not court s a constitutional right. certificate of appealability. 28 A certificate of appealability will substantial 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. 529 U.S. at 484-85. Slack, We have independently reviewed the record and conclude that Sanders 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
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