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United States v. Smith

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Jun 3, 2020
No. 19-7733 (4th Cir. Jun. 3, 2020)

Opinion

No. 19-7733

06-03-2020

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. MIRACLE SMITH, Defendant - Appellant.

Miracle Smith, Appellant Pro Se.


UNPUBLISHED

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Robert E. Payne, Senior District Judge. (3:08-cr-00283-REP-RCY-2; 3:19-cv-819) Before GREGORY, Chief Judge, DIAZ, Circuit Judge, and SHEDD, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Miracle Smith, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Miracle Smith seeks to appeal the district court's order construing her 28 U.S.C. § 2255 (2018) motion as successive and dismissing it as unauthorized. 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) (2018). 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) (2018). When, as here, 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 Smith 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. Smith

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Jun 3, 2020
No. 19-7733 (4th Cir. Jun. 3, 2020)
Case details for

United States v. Smith

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff - Appellee, v. MIRACLE SMITH…

Court:UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

Date published: Jun 3, 2020

Citations

No. 19-7733 (4th Cir. Jun. 3, 2020)