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UNITED STATES v. SLADE (2021)

United States Court of Appeals, Fourth Circuit.2021-08-24No. No. 21-6775

Summary

Holding. The court denied Slade's certificate of appealability and dismissed his appeal.

Kevin Myell Slade sought to appeal a district court order that treated his motion to correct his presentence report and challenge his sentence as a successive federal habeas petition under 28 U.S.C. § 2255 and dismissed it on those procedural grounds. To appeal the dismissal, Slade needed to obtain a certificate of appealability, which requires demonstrating a substantial showing of constitutional error. When a district court rejects a habeas petition on procedural grounds rather than the merits, the prisoner must show both that the procedural ruling itself is debatable and that the underlying constitutional claim is also debatable.

After reviewing the record, the court found that Slade failed to make the necessary showings. The court therefore denied the certificate of appealability and dismissed the appeal without hearing oral argument, determining that the written submissions adequately presented the legal issues.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Whether a certificate of appealability should issue to challenge a district court's dismissal of a § 2255 motion as successive
  • Whether Slade demonstrated debatable procedural and constitutional issues required for appellate review of a habeas dismissal

Procedural posture

Slade appealed a district court order treating his motion to correct his presentence report as a successive § 2255 petition and dismissing it on procedural grounds.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

Kevin Myell Slade seeks to appeal the district courts order treating his motion to correct the presentence report and his sentence as a 28 U.S.C. § 2255 motion and dismissing it as successive and 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). 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, 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, 132 S.Ct. 641, 181 L.Ed.2d 619 (2012) (citing Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000)).

We have independently reviewed the record and conclude that Slade 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

PER CURIAM:

Dismissed by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.