US v. Oscar Grande

Filing 920080728

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-6829

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. OSCAR ANTONIO GRANDE, a/k/a Pantera, Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Gerald Bruce Lee, District Judge. (1:04-cr-00283-GBL-2; 1:06-cv-01022-GBL)

Submitted:

July 22, 2008

Decided:

July 28, 2008

Before WILKINSON, MOTZ, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Lana Marie Manitta, RICH, ROSENTHAL, MANITTA, DZUBIN & KROEGER, LLP, Alexandria, Virginia, for Appellant. Patricia Tolliver Giles, Ronald Leonard Walutes, Jr., Assistant United States Attorneys, Alexandria, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Oscar Antonio Grande seeks to appeal the district court's orders denying relief on his 28 U.S.C. § 2255 (2000) motion. The

orders are not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). A

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 Grande has not made the requisite showing. Accordingly, we deny Grande's motion We

for a certificate of appealability and dismiss the appeal.

dispense with oral 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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