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United States v. Alexander

United States Court of Appeals, Fourth Circuit
Sep 14, 2021
No. 21-6018 (4th Cir. Sep. 14, 2021)

Opinion

21-6018

09-14-2021

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. BARRY JAMEL ALEXANDER, a/k/a Manny, Defendant-Appellant.

Barry Jamel Alexander, Appellant Pro Se. Jacqueline Romy Bechara, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee.


UNPUBLISHED

Submitted: September 9, 2021

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Rebecca Beach Smith, Senior District Judge. (2:19-cr-00005-RBS-LRL-1)

Barry Jamel Alexander, Appellant Pro Se.

Jacqueline Romy Bechara, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee.

Before MOTZ, KING, and WYNN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM

Barry Jamel Alexander seeks to appeal the district court's orders denying relief on his 28 U.S.C. § 2255 motion. The orders are 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)).

Limiting our review of the record to the issues raised in Alexander's informal brief, see 4th Cir. R. 34(b); see also Jackson v. Lightsey, 775 F.3d 170, 177 (4th Cir. 2014) ("The informal brief is an important document; under Fourth Circuit rules, our review is limited to issues preserved in that brief."), we have independently reviewed the record and conclude that Alexander 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. Alexander

United States Court of Appeals, Fourth Circuit
Sep 14, 2021
No. 21-6018 (4th Cir. Sep. 14, 2021)
Case details for

United States v. Alexander

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff - Appellee, v. BARRY JAMEL ALEXANDER…

Court:United States Court of Appeals, Fourth Circuit

Date published: Sep 14, 2021

Citations

No. 21-6018 (4th Cir. Sep. 14, 2021)