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    United States v. Donte Baker, 4th Cir. (2015)

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    The United States Court of Appeals for the Fourth Circuit dismissed Donte Baker's appeal of the district court's denial of his 28 U.S.C. § 2255 motion. The court determined that Baker did not make a substantial showing that he was denied a constitutional right. Specifically, reasonable jurists would not debate whether the district court's assessment of Baker's constitutional claims was correct or wrong. As a result, the court denied Baker a certificate of appealability and dismissed the appeal.

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    United States v. Donte Baker, 4th Cir. (2015)

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    The United States Court of Appeals for the Fourth Circuit dismissed Donte Baker's appeal of the district court's denial of his 28 U.S.C. § 2255 motion. The court determined that Baker did not make a substantial showing that he was denied a constitutional right. Specifically, reasonable jurists would not debate whether the district court's assessment of Baker's constitutional claims was correct or wrong. As a result, the court denied Baker a certificate of appealability and dismissed the appeal.

    Original Description:

    Filed: 2015-03-17 Precedential Status: Non-Precedential Docket: 14-7828

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    The United States Court of Appeals for the Fourth Circuit dismissed Donte Baker's appeal of the district court's denial of his 28 U.S.C. § 2255 motion. The court determined that Baker did not make a substantial showing that he was denied a constitutional right. Specifically, reasonable jurists would not debate whether the district court's assessment of Baker's constitutional claims was correct or wrong. As a result, the court denied Baker a certificate of appealability and dismissed the appeal.

    Copyright:

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

    United States v. Donte Baker, 4th Cir. (2015)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Donte Baker's appeal of the district court's denial of his 28 U.S.C. § 2255 motion. The court determined that Baker did not make a substantial showing that he was denied a constitutional right. Specifically, reasonable jurists would not debate whether the district court's assessment of Baker's constitutional claims was correct or wrong. As a result, the court denied Baker a certificate of appealability and dismissed the appeal.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 14-7828

    UNITED STATES OF AMERICA,


    Plaintiff Appellee,
    v.
    DONTE BERNARD BAKER, a/k/a Tay, a/k/a Donnie,
    Defendant - Appellant.

    Appeal from the United States District Court for the District
    Maryland, at Baltimore.
    James K. Bredar, District Judge.
    (1:11-cr-00426-JKB-1; 1:14-cv-03458-JKB)

    Submitted:

    March 12, 2015

    Decided:

    March 17, 2015

    Before GREGORY, DIAZ, and HARRIS, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Donte Bernard Baker, Appellant Pro Se. Anthony Joseph Enright,


    Assistant United States Attorney, Charlotte, North Carolina;
    Joshua Thomas Ferrentino, Robert Reeves Harding, Assistant
    United States Attorneys, Baltimore, Maryland; Joshua L. Kaul,
    PERKINS COIE LLP, Madison, Wisconsin, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Donte Bernard Baker seeks to appeal the district courts
    order denying relief on his 28 U.S.C. 2255 (2012) motion.

    The

    order is not appealable unless a circuit justice or judge issues


    a

    certificate

    (2012).

    of

    appealability.

    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) (2012).
    relief

    on

    the

    demonstrating
    district

    merits,
    that

    courts

    debatable

    or

    When the district court denies

    prisoner

    reasonable

    assessment

    wrong.

    satisfies

    jurists

    would

    of

    the

    v.

    McDaniel,

    Slack

    this

    standard

    find

    constitutional
    529

    U.S.

    by

    that

    the

    claims

    is

    473,

    484

    (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (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

    claim of the denial of a constitutional right.

    debatable

    Slack, 529 U.S.

    at 484-85.
    We have independently reviewed the record and conclude that
    Baker has not made the requisite showing.
    a

    certificate

    dispense

    with

    of

    appealability

    oral

    argument

    and

    dismiss

    because

    Accordingly, we deny

    the

    the

    appeal.

    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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