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UNITED STATES of America, Plaintiff-Appellee, v. David Mcdowell ROBINSON, Defendant-Appellant

United States Court of Appeals for the Fourth Circuit2016-10-04No. No. 16-6671
669 F. App'x 142

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Opinion

majority opinion

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PER CURIAM:

David McDowell ■ Robinson appeals the district court’s order denying relief on his motion to vacate, motion for a certificate of appealability, and other related motions challenging his criminal convictions. Robinson has failed to show reversible error on appeal or establish grounds for a certificate of appealability. 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) (2012). 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, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (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, 120 S.Ct. 1595.

Thus, we deny a certificate of appeala-bility, deny Robinson’s motion for bail or release pending appeal, and dismiss. 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