United States of America v. Kenneth Roshaun Reid

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 21-6831
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
KENNETH ROSHAUN REID,
Defendant - Appellant.
Appeal from the United States District Court for the District of South Carolina, at Rock
Hill. Cameron McGowan Currie, Senior District Judge. (0:04-cr-00353-CMC-1)
Submitted: November 18, 2021 Decided: November 22, 2021
Before MOTZ, THACKER, and HARRIS, Circuit Judges.
Affirmed in part and dismissed in part by unpublished per curiam opinion.
Kenneth Roshaun Reid, Appellant Pro Se. William Kenneth Witherspoon, Assistant
United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Columbia,
South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Kenneth Roshaun Reid has noted an appeal from the district court’s order denying
his motion for the clerk to reissue a remand order, motion for a writ, motion for acquittal,
motion to appoint counsel, motion to correct his presentence report, and writ of habeas
corpus.
We have reviewed the record and find no reversible error in the district court’s
denial of Reid’s motions for the clerk to reissue a remand order and for a writ. Accordingly,
we affirm for the reasons stated by the district court. United States v. Reid, No. 0:04-cr-
00353-CMC-1 (D.S.C. May 10, 2021).
Reid’s motions for acquittal, to correct his presentence report, and writ of habeas
corpus were, in substance, a successive 28 U.S.C. § 2255 motion, and Reid also sought
appointment of counsel to pursue a § 2255 motion. The denial of these orders is not
appealable in the absence of a certificate of appealability. 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 the district court denies relief on the
merits, a prisoner satisfies this standard by demonstrating that reasonable jurists could 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). 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 a debatable claim of the denial of a constitutional right. Slack, 529 U.S. at
484-85.

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Reid’s motions challenged the validity of his convictions and sentence and should
have been construed as a successive § 2255 motion.* See Gonzalez v. Crosby, 545 U.S.
524, 531-32 (2005); United States v. Winestock, 340 F.3d 200, 207 (4th Cir. 2003). In the
absence of pre-filing authorization from this Court, the district court lacked jurisdiction to
hear Reid’s successive § 2255 motion. See 28 U.S.C. § 2244(b)(3). Accordingly, we deny
a certificate of appealability and dismiss the appeal in part.
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
* The district court denied relief on Reid’s prior § 2255 motion on the merits in
2010.

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