UNITED STATES v. LONG (2018)

Marques Odell Long seeks to appeal the district court's order accepting the recommendation of the magistrate judge and denying relief on his 28 U.S.C. § 2255 (2012) motion to vacate. We previously granted a certificate of appealability and ordered supplemental briefing on the issue of whether Long has the requisite predicate convictions to qualify as an armed career criminal under the Armed Career Criminal Act, 18 U.S.C. § 924(e) (2012). We have reviewed the record, including the parties’ informal briefs following the issuance of the certificate of appealability, and find no reversible error. Accordingly, as to the claim on which we granted a certificate of appealability, we affirm for the reasons stated by the district court. United States v. Long, Nos. 1:13-cr-00145-WO-1; 1:15-cv-01120-WO-LPA (M.D.N.C. July 18, 2017). As to Long's remaining claims, we conclude that he is not entitled to a certificate of appealability on those claims. See 28 U.S.C. § 2253(c)(2) (2012); Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000). Accordingly, we deny a certificate of appealability as to those claims and dismiss that portion of 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.

AFFIRMED IN PART; DISMISSED IN PART

PER CURIAM:

Affirmed in part and dismissed in part by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.