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United States v. Moore

United States Court of Appeals, Fourth Circuit
Jul 30, 2021
No. 19-7879 (4th Cir. Jul. 30, 2021)

Opinion

19-7879

07-30-2021

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. MICHAEL LAMONT MOORE, Defendant-Appellant.

Ann Loraine Hester, FEDERAL DEFENDERS OF WESTERN NORTH CAROLINA, INC., Charlotte, North Carolina, for Appellant.


UNPUBLISHED

Submitted: July 1, 2021

Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Robert J. Conrad, Jr., District Judge. (3:10-cr-00208-RJC-DSC-4; 3:15-cv-00336-RJC)

Ann Loraine Hester, FEDERAL DEFENDERS OF WESTERN NORTH CAROLINA, INC., Charlotte, North Carolina, for Appellant.

Before GREGORY, Chief Judge, KEENAN, Circuit Judge, and SHEDD, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM

Michael L. Moore see ks to appeal the district court's order denying his Fed.R.Civ.P. 59(e) motion to alter or amend the judgment 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 Moore 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. Moore

United States Court of Appeals, Fourth Circuit
Jul 30, 2021
No. 19-7879 (4th Cir. Jul. 30, 2021)
Case details for

United States v. Moore

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff - Appellee, v. MICHAEL LAMONT MOORE…

Court:United States Court of Appeals, Fourth Circuit

Date published: Jul 30, 2021

Citations

No. 19-7879 (4th Cir. Jul. 30, 2021)