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    United States v. Kareem Horton, 4th Cir. (2016)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Kareem Jahmal Horton's appeal of the district court's denial of his 28 U.S.C. § 2255 motion. The court of appeals independently reviewed the record and concluded that Horton did not make the requisite showing to obtain a certificate of appealability, as reasonable jurists would not debate the district court's assessment of Horton's constitutional claims. Therefore, the court dismissed the appeal without oral argument.

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    United States v. Kareem Horton, 4th Cir. (2016)

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    22 views3 pages
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Kareem Jahmal Horton's appeal of the district court's denial of his 28 U.S.C. § 2255 motion. The court of appeals independently reviewed the record and concluded that Horton did not make the requisite showing to obtain a certificate of appealability, as reasonable jurists would not debate the district court's assessment of Horton's constitutional claims. Therefore, the court dismissed the appeal without oral argument.

    Original Description:

    Filed: 2016-02-05 Precedential Status: Non-Precedential Docket: 15-6757

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Kareem Jahmal Horton's appeal of the district court's denial of his 28 U.S.C. § 2255 motion. The court of appeals independently reviewed the record and concluded that Horton did not make the requisite showing to obtain a certificate of appealability, as reasonable jurists would not debate the district court's assessment of Horton's constitutional claims. Therefore, the court dismissed the appeal without oral argument.

    Copyright:

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

    United States v. Kareem Horton, 4th Cir. (2016)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Kareem Jahmal Horton's appeal of the district court's denial of his 28 U.S.C. § 2255 motion. The court of appeals independently reviewed the record and concluded that Horton did not make the requisite showing to obtain a certificate of appealability, as reasonable jurists would not debate the district court's assessment of Horton's constitutional claims. Therefore, the court dismissed the appeal without oral argument.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 15-6757

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    KAREEM JAHMAL HORTON,
    Defendant - Appellant.

    Appeal from the United States District Court for the Middle
    District of North Carolina, at Greensboro.
    William L. Osteen,
    Jr., Chief District Judge.
    (1:08-cr-00480-WO-1; 1:11-cv-00987WO-JEP)

    Submitted:

    January 26, 2016

    Decided:

    February 5, 2016

    Before WILKINSON, GREGORY, and SHEDD, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Kareem Jahmal Horton, Appellant Pro Se. Terry Michael Meinecke,


    Angela Hewlett Miller, Assistant United States Attorneys,
    Greensboro, North Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Kareem Jahmal Horton seeks to appeal the district courts
    order accepting the recommendation of the magistrate judge and
    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 of appealability.
    A

    certificate

    of

    28 U.S.C. 2253(c)(1)(B) (2012).

    appealability

    will

    not

    issue

    absent

    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
    Horton 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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