US v. Reynoso
Filing
920071018
Opinion
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 07-7188
UNITED STATES OF AMERICA, Plaintiff - Appellee, versus JORGE REYNOSO, Defendant - Appellant.
Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Samuel G. Wilson, District Judge. (5:03-cr-70006-SGW; 7:07-cv-00046-SGW)
Submitted:
October 11, 2007
Decided:
October 18, 2007
Before MICHAEL and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Jorge Reynoso, Appellant Pro Se. William Frederick Gould, OFFICE OF THE UNITED STATES ATTORNEY, Charlottesville, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Jorge Reynoso seeks to appeal the district court's order denying relief on his 28 U.S.C. § 2255 (2000) motion. not appealable unless a circuit justice or The order is issues a A
judge
certificate of appealability.
28 U.S.C. § 2253(c)(1) (2000).
certificate of appealability will not issue absent "a substantial showing of the denial of a constitutional right." § 2253(c)(2) (2000). that A prisoner satisfies would this 28 U.S.C. standard that by any
demonstrating
reasonable
jurists
find
assessment of the constitutional claims by the district court is debatable or wrong and that any dispositive procedural ruling by the district court is likewise debatable. Miller-El v. Cockrell,
537 U.S. 322, 336-38 (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). We have
independently reviewed the record and conclude that Reynoso has not made the requisite showing. Accordingly, we deny a certificate of We dispense with oral
appealability and dismiss the appeal.
argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
DISMISSED
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