US v. Reggie Beckton, No. 15-6700 (4th Cir. 2015)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-6700 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. REGGIE ANDRE BECKTON, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Wilmington. W. Earl Britt, Senior District Judge. (7:11-cr-00061-BR-1; 7:15-cv-00068-BR) Submitted: September 9, 2015 Decided: September 14, 2015 Before SHEDD, WYNN, and FLOYD, Circuit Judges. Dismissed by unpublished per curiam opinion. Reggie Andre Beckton, Appellant Pro Se. G. Norman Acker, III, Dennis Michael Duffy, Jennifer P. May-Parker, Assistant United States Attorneys, S. Katherine Burnette, Tobin Webb Lathan, Seth Morgan Wood, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Reggie Andre Beckton seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2255 (2012) motion. The order is not appealable unless a circuit justice or judge issues a certificate (2012). of appealability. 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) (2012). relief on the demonstrating district merits, that court’s debatable or a When the district court denies prisoner reasonable assessment wrong. Slack satisfies jurists this would of the v. McDaniel, standard find U.S. that the claims constitutional 529 by is 473, 484 (2000); see Miller-El v. 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 claim of the denial of a constitutional right. a debatable Slack, 529 U.S. at 484-85. We have independently reviewed the record and conclude that Beckton has not made the requisite showing. Accordingly, we deny Beckton’s motions for a certificate of appealability and dismiss the appeal. facts and legal We dispense with oral argument because the contentions are 2 adequately presented in the materials before this court and argument would not aid the decisional process. DISMISSED 3
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