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UNITED STATES v. CUMMINGS (2021)

United States Court of Appeals, Fourth Circuit.2021-07-23No. No. 20-7560, No. 20-6985, No. 20-7568, No. 20-7573, No. 20-7591, No. 20-7598, No. 20-7599

Summary

Holding. The appeals are dismissed because the defendants failed to demonstrate the substantial showing of constitutional injury necessary to obtain a certificate of appealability, as their claims are foreclosed by controlling circuit precedent.

Seven defendants filed motions in federal district court seeking relief under a post-conviction statute (28 U.S.C. § 2255), which were denied. They appealed those denials, but federal law requires them to first obtain a certificate of appealability—a special permission showing that reasonable jurists could view their constitutional claims as debatable or incorrect. The appellate court independently examined the record and determined the defendants did not satisfy this requirement because their arguments were already resolved against them in a prior circuit decision.

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

Key issues

  • Standards for obtaining a certificate of appealability in post-conviction relief cases
  • Whether reasonable jurists could find the district court's constitutional analysis debatable
  • Application of prior circuit precedent to bar appellants' claims

Procedural posture

The defendants appealed district court orders denying their § 2255 post-conviction motions and sought certificates of appealability to proceed with those appeals.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

Marvin Rashaad Cummings, Randolph Levy Hyman, Jr., Thomas Lamont Jones, Raphael Davonne Powell, Joshua Hunt, Marcus Gerome Hyde, and Kendricus Marquell Williams (collectively, “Appellants”) seek to appeal the district courts’ orders denying relief on their 28 U.S.C. § 2255 motions. The orders are 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 courts assessment of the constitutional claims debatable or wrong. See Buck v. Davis, ––– U.S. ––––, 137 S. Ct. 759, 773-74, 197 L.Ed.2d 1 (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, 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 Appellants have not made the requisite showing, as their claims are foreclosed by this courts decision in United States v. Mathis, 932 F.3d 242 (4th Cir. 2019). Accordingly, we deny Appellants’ motion for a certificate of appealability and dismiss the appeals. 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.