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    United States v. Shondu Dawson, 4th Cir. (2014)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Shondu Dawson's appeal of the district court's denial of his 28 U.S.C. § 2255 motion. The court independently reviewed the record and determined that Dawson did not make a substantial showing of the denial of a constitutional right, which is required for a certificate of appealability. As such, the court denied the certificate of appealability and dismissed the appeal.

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    United States v. Shondu Dawson, 4th Cir. (2014)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Shondu Dawson's appeal of the district court's denial of his 28 U.S.C. § 2255 motion. The court independently reviewed the record and determined that Dawson did not make a substantial showing of the denial of a constitutional right, which is required for a certificate of appealability. As such, the court denied the certificate of appealability and dismissed the appeal.

    Original Description:

    Filed: 2014-03-04 Precedential Status: Non-Precedential Docket: 13-7327

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Shondu Dawson's appeal of the district court's denial of his 28 U.S.C. § 2255 motion. The court independently reviewed the record and determined that Dawson did not make a substantial showing of the denial of a constitutional right, which is required for a certificate of appealability. As such, the court denied the certificate of appealability and dismissed the appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    11 views3 pages

    United States v. Shondu Dawson, 4th Cir. (2014)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Shondu Dawson's appeal of the district court's denial of his 28 U.S.C. § 2255 motion. The court independently reviewed the record and determined that Dawson did not make a substantial showing of the denial of a constitutional right, which is required for a certificate of appealability. As such, the court denied the certificate of appealability and dismissed the appeal.

    Copyright:

    Public Domain
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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 13-7327

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    SHONDU MAURICE DAWSON,
    Defendant - Appellant.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh.
    James C. Fox, Senior
    District Judge. (5:04-cr-00305-F-2; 5:12-cv-00292-F)

    Submitted:

    February 27, 2014

    Decided:

    March 4, 2014

    Before NIEMEYER, KING, and AGEE, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    G. Alan DuBois, Assistant Federal Public Defender, Devon L.


    Donahue, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Raleigh, North
    Carolina, for Appellant.
    Kimberly Ann Moore, OFFICE OF THE
    UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Shondu
    courts

    order

    motion.
    judge

    Maurice

    denying

    relief

    seeks

    on

    to

    his

    28

    appeal
    U.S.C.

    the

    district

    2255

    (2012)

    The order is not appealable unless a circuit justice or


    issues

    certificate

    2253(c)(1)(B) (2012).
    issue

    Dawson

    absent

    of

    28

    U.S.C.

    A certificate of appealability will not

    substantial

    constitutional right.

    appealability.

    showing

    of

    the

    denial

    28 U.S.C. 2253(c)(2) (2012).

    of

    When the

    district court denies relief on the merits, a prisoner satisfies


    this

    standard

    by

    demonstrating

    that

    reasonable

    jurists

    would

    find that the district courts assessment of the constitutional


    claims is debatable or wrong.

    Slack v. McDaniel, 529 U.S. 473,

    484

    Cockrell,

    (2000);

    (2003).

    see

    Miller-El

    v.

    537

    U.S.

    322,

    336-38

    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.


    We have independently reviewed the record and conclude
    that Dawson has not made the requisite showing.

    Accordingly, we

    deny a certificate of appealability and dismiss the appeal.


    dispense

    with

    oral

    argument

    because

    the

    facts

    and

    We

    legal

    contentions

    are

    adequately

    presented

    in

    the

    materials

    before

    this court and argument would not aid the decisional process.
    DISMISSED

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