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United States v. McKenzie

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Nov 26, 2013
547 F. App'x 244 (4th Cir. 2013)

Opinion

No. 13-7501

11-26-2013

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. FREDERICK ABRAHAM MCKENZIE, a/k/a Camron Darnell Lewis, a/k/a Jamaican Vince, a/k/a Vince, Defendant - Appellant.

Frederick Abraham McKenzie, Appellant Pro Se. Alfred William Walker Bethea, Jr., Assistant United States Attorney, Florence, South Carolina, for Appellee.


UNPUBLISHED

Appeal from the United States District Court for the District of South Carolina, at Florence. Terry L. Wooten, Chief District Judge. (4:04-cr-00556-TLW-1; 4:13-cv-00667-TLW) Before KING, DUNCAN, and DIAZ, Circuit Judges. Dismissed by unpublished per curiam opinion. Frederick Abraham McKenzie, Appellant Pro Se. Alfred William Walker Bethea, Jr., Assistant United States Attorney, Florence, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Frederick Abraham McKenzie seeks to appeal the district court's order dismissing as successive his 28 U.S.C.A. § 2255 (West Supp. 2013) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(B) (2006). 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) (2006). 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 (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 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 McKenzie has not made the requisite showing. Accordingly, we deny McKenzie's motion for appointment of counsel, 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. McKenzie

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Nov 26, 2013
547 F. App'x 244 (4th Cir. 2013)
Case details for

United States v. McKenzie

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff - Appellee, v. FREDERICK ABRAHAM…

Court:UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

Date published: Nov 26, 2013

Citations

547 F. App'x 244 (4th Cir. 2013)