UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-8083
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
KIRT LIONEL BYNUM,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Catherine C. Blake, District Judge.
(1:07-cr-00242-CCB-1; 1:10-cv-00295-CCB)
Submitted: April 18, 2013 Decided: April 22, 2013
Before WILKINSON, GREGORY, and DAVIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Kirt Lionel Bynum, Appellant Pro Se. Gregory Welsh, Assistant
United States Attorney, Baltimore, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Kirt Lionel Bynum seeks to appeal the district court’s
order denying relief on his 28 U.S.C.A. § 2255 (West Supp. 2012)
motion. The order is not appealable unless a circuit justice or
judge issues a certificate of appealability. 28 U.S.C.
§ 2253(c)(1)(B) (2006). 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) (2006). When the
district court denies relief on the merits, a prisoner satisfies
this standard by demonstrating that reasonable jurists would
find that the district court’s assessment of the constitutional
claims is debatable or wrong. Slack v. McDaniel, 529 U.S. 473,
484 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38
(2003).
We have independently reviewed the record and conclude
that Bynum has not made the requisite showing. Accordingly, we
deny his motion for 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
2