US v. Selvin Discua

Filing 920090917

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-6691

UNITED STATES OF AMERICA, Plaintiff ­ Appellee, v. SELVIN AGUILAR DISCUA, Defendant ­ Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Fox, Senior District Judge. (5:04-cr-00290-F-11; 5:07-cv-00237-F)

Submitted:

August 27, 2009

Decided:

September 17, 2009

Before KING, GREGORY, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Selvin Aguilar Discua, Appellant Pro Se. Edward D. Gray, Assistant United States Attorney, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Selvin court's order Aguilar denying Discua relief order seeks on is to appeal 28 the district § 2255 a

his not

U.S.C.A.

(West 2007)

motion.

The

appealable

unless

circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2006). A certificate of appealability

will not issue absent "a substantial showing of the denial of a constitutional prisoner reasonable right." this would by 28 U.S.C. standard find the that § 2253(c)(2) by any (2006). A that the or

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. 322, 336-38 (2003); Slack v. Miller-El v. Cockrell, 537 U.S. McDaniel, 529 U.S. 473, 484-85 We

(2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001).

have independently reviewed the record and conclude that Discua 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