US v. Augustine Perez

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying for certificate of appealability Originating case number: 6:90-CR-00112-JPJ-MFU-1,6:10-CV-80266-JPJ-MFU Copies to all parties and the district court/agency. [998491464] [10-6924]

US v. Augustine Perez

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Case: 10-6924 Document: 9

Date Filed: 12/27/2010

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-6924 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. AUGUSTINE PEREZ, Defendant - Appellant.

Appeal from the United States District Court for the Western District of Virginia, at Lynchburg. James P. Jones, District Judge. (6:90-cr-00112-JPJ-MFU-1; 6:10-cv-80266-JPJ-MFU) Submitted: December 16, 2010 Decided: December 27, 2010

Before GREGORY, DUNCAN, and DAVIS, Circuit Judges. Dismissed by unpublished per curiam opinion. Augustine Perez, Appellant Pro Se. Ray Burton Fitzgerald, Jr., OFFICE OF THE UNITED STATES ATTORNEY, Ronald Mitchell Huber, Assistant United States Attorney, Charlottesville, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit.

Dockets.Justia.com

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PER CURIAM: Augustine Perez seeks to appeal the district court's order construing his filing as a 28 U.S.C.A. § 2255 (West Supp. 2010) motion and denying relief. unless a circuit justice or The order is not appealable issues a certificate of

judge

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 right." (2006). prisoner reasonable 28 U.S.C. § 2253(c)(2)

When the district court denies relief on the merits, a satisfies jurists this would standard find that by the demonstrating district that

court's

assessment of the constitutional claims is debatable or wrong. Slack v. McDaniel, 529 U.S. 473, 484 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003). denies relief both on procedural the When the district court the prisoner ruling must is

grounds,

demonstrate

that

dispositive

procedural

debatable, and that the motion states a debatable claim of the denial of a constitutional right. We have independently reviewed the Slack, 529 U.S. at 484-85. record and conclude that

Perez has not made the requisite showing. a certificate with of appealability argument and

Accordingly, we deny the appeal. and We legal

dismiss the

dispense

oral

because

facts

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Date Filed: 12/27/2010

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contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED

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