US v. Jairton Grandos-Arredondo

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UNPUBLISHED PER CURIAM OPINION filed. Originating case numbers: 5:03-cr-00014-RLV-1,5:07-cv-00045-RLV. Copies to all parties and the district court/agency. [998491985] [10-7179]

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US v. Jairton Grandos-Arredondo Doc. 0 Case: 10-7179 Document: 8 Date Filed: 12/28/2010 Page: 1 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-7179 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JAIRTON AURELIO GRANDOS-ARREDONDO, a/k/a Jair, 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-00014-RLV-1; 5:07-cv00045-RLV) Submitted: December 16, 2010 Decided: December 28, 2010 Before GREGORY, DUNCAN, and DAVIS, Circuit Judges. Dismissed by unpublished per curiam opinion. Jairton Aurelio Grandos-Arredondo, Appellant Pro Se. Steven R. Kaufman, Assistant United States Attorney, Charlotte, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. Dockets.Justia.com Case: 10-7179 Document: 8 Date Filed: 12/28/2010 Page: 2 PER CURIAM: Jairton Grandos-Arredondo seeks to appeal the district court's order denying his Fed. R. Civ. P. 60(b) motion for reconsideration of the district court's order denying relief on his 28 U.S.C.A. 2255 (West Supp. 2010) motion. not appealable unless a circuit justice or The order is issues a judge certificate of appealability. Reid v. Angelone, of 369 F.3d 28 U.S.C. 2253(c)(1) (2006); 363, will 369 not (4th issue Cir. 2004). "a A certificate appealability absent substantial showing of the denial of a constitutional right." 28 U.S.C. 2253(c)(2) (2006). relief on the merits, that a When the district court denies satisfies would this standard that claims 473, by the is 484 prisoner demonstrating district debatable reasonable of v. jurists the find court's or assessment Slack constitutional 529 U.S. wrong. McDaniel, (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the motion states a debatable claim of the denial of a constitutional right. at 484-85. that We have independently has reviewed not made Slack, 529 U.S. the the record and conclude showing. Grandos-Arredondo requisite Accordingly, we deny a certificate of appealability We dispense with oral argument because 2 and dismiss the appeal. Case: 10-7179 Document: 8 Date Filed: 12/28/2010 Page: 3 the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 3

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