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United States v. McManus

United States Court of Appeals, Fourth Circuit
Jul 21, 2023
No. 22-6817 (4th Cir. Jul. 21, 2023)

Opinion

22-6817

07-21-2023

UNITED STATES OF AMERICA, Plaintiff-Appellee, v. CAMERON JAMAL MCMANUS, Defendant-Appellant.

Cameron Jamal McManus, Appellant Pro Se.


UNPUBLISHED

Submitted: November 2, 2022

Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Kenneth D. Bell, District Judge. (3:20-cr-00221-KDB-DCK-3, 3:22-cv-00250-KDB)

Cameron Jamal McManus, Appellant Pro Se.

Before GREGORY, WYNN, and HEYTENS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM

Cameron Jamal McManus seeks to appeal the district court's order denying relief on his 28 U.S.C. § 2255 motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. See 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). When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists could find the district court's assessment of the constitutional claims debatable or wrong. See Buck v. Davis, 137 S.Ct. 759, 773-74 (2017). 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. Gonzalez v. Thaler, 565 U.S. 134, 140-41 (2012) (citing Slack v. McDaniel, 529 U.S. 473, 484 (2000)).

We have independently reviewed the record and conclude that McManus 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 before this court and argument would not aid the decisional process.

DISMISSED


Summaries of

United States v. McManus

United States Court of Appeals, Fourth Circuit
Jul 21, 2023
No. 22-6817 (4th Cir. Jul. 21, 2023)
Case details for

United States v. McManus

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff-Appellee, v. CAMERON JAMAL MCMANUS…

Court:United States Court of Appeals, Fourth Circuit

Date published: Jul 21, 2023

Citations

No. 22-6817 (4th Cir. Jul. 21, 2023)