US v. Selvin Discua

Filing 920090917

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-6691 UNITED STATES OF AMERICA, Plaintiff Appellee, v. SELVIN AGUILAR DISCUA, Defendant Appellant.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 Dismissed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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

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