US v. Alfredo Leon-Sanchez
Filing
920090304
Opinion
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 08-8114
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ALFREDO LEON-SANCHEZ, Defendant - Appellant.
Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Richard L. Voorhees, District Judge. (5:03-cr-00032-RLV-1; 5:06-cv-00146RLV)
Submitted:
February 2, 2009
Decided:
March 4, 2009
Before MOTZ and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Alfredo Leon-Sanchez, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Alfredo court's motion. judge order Leon-Sanchez relief seeks on his to 28 appeal U.S.C. the district (2000)
denying
§ 2255
The order is not appealable unless a circuit justice or issues a certificate of appealability. 28 U.S.C.
§ 2253(c)(1) (2000). issue absent "a
A certificate of appealability will not showing U.S.C. standard find the that of the denial of a A that the or
substantial 28
constitutional prisoner reasonable
right." this would by
§ 2253(c)(2) by any
(2000).
satisfies jurists
demonstrating assessment is of
constitutional
claims
district
court
debatable
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 Leon-Sanchez has not made the requisite showing. certificate dispense of appealability oral argument and Accordingly, we deny a the appeal. and We legal
dismiss the
with
because
facts
contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
DISMISSED
2
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