United States v. Kevin Slade

• Court: Court of Appeals for the Fourth Circuit
• Decided: August 24, 2021
• Docket: 21-6775
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 21-6775

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

KEVIN MYELL SLADE,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Greenville. Louise W. Flanagan, District Judge. (4:08-cr-00003-FL-1)

Submitted: August 19, 2021 Decided: August 24, 2021

Before GREGORY, Chief Judge, FLOYD, and RUSHING, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Kevin Myell Slade, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Kevin Myell Slade seeks to appeal the district court’s 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 (2012) (citing Slack v.

McDaniel, 529 U.S. 473, 484 (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