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United States v. Johnathan Broughton
20-6798
| 4th Cir. | Aug 9, 2021
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*1 Before NIEMEYER, KEENAN, and THACKER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Robert Hood Hale, Jr., HALE LAW FIRM, PC, Raleigh, North Carolina, for Appellant.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Jonathan Simrell Broughton seeks to appeal the district court’s order accepting the recommendation of the magistrate judge and denying relief on Broughton’s 28 U.S.C. § 2255 motion. 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.” 28U.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 court’s assessment of the constitutional claims debatable or wrong. See Buck v. Davis , 137 S. Ct. 759, 773-74 (2017).

We have independently reviewed the record and conclude that Broughton 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

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Case Details

Case Name: United States v. Johnathan Broughton
Court Name: Court of Appeals for the Fourth Circuit
Date Published: Aug 9, 2021
Docket Number: 20-6798
Court Abbreviation: 4th Cir.
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