US v. Jonathan Giannone

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:06-cr-01011-CMC-1,3:10-cv-70256-CMC. Copies to all parties and the district court/agency. [998721434]. Mailed to: Jonathan Giannone. [11-6577]

Appeal: 11-6577

Document: 7

Date Filed: 11/14/2011

Page: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-6577

UNITED STATES OF AMERICA,
Plaintiff — Appellee,
v.
JONATHAN GIANNONE,
Defendant — Appellant.

Appeal from the United States District for District of South
Carolina, at Columbia.
Cameron McGowan Currie, District Judge.
(3:06-cv-01011-CMC-1; 3:10-cv-70256-CMC)

Submitted:

October 25, 2011

Decided:

November 14, 2011

Before NIEMEYER, GREGORY, and AGEE, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Jonathan Giannone, Appellant Pro Se.
Dean A. Eichelberger,
Assistant United States Attorney, Columbia, South Carolina, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

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Document: 7

Date Filed: 11/14/2011

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PER CURIAM:
Jonathan Giannone seeks to appeal the district court’s
order denying relief on his 28 U.S.C.A. § 2255 (West Supp. 2011)
motion.
judge

The order is not appealable unless a circuit justice or
issues

a

certificate

§ 2253(c)(1)(B) (2006).
issue

absent

“a

of

28

U.S.C.

A certificate of appealability will not

substantial

constitutional right.”

appealability.

showing

of

the

denial

28 U.S.C. § 2253(c)(2) (2006).

of

a

When the

district court denies relief on the merits, a prisoner satisfies
this

standard

by

demonstrating

that

reasonable

jurists

would

find that the district court’s assessment of the constitutional
claims is debatable or wrong.

Slack v. McDaniel, 529 U.S. 473,

484

Cockrell,

(2000);

(2003).

see

Miller-El

v.

537

U.S.

322,

336-38

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.
529 U.S. at 484-85.

Slack,

We have independently reviewed the record

and conclude that Giannone has not made the requisite showing.
Accordingly, we deny a certificate of appealability and dismiss
the appeal.

We dispense with oral argument because the facts

and legal contentions are adequately presented in the materials

2

Appeal: 11-6577

before

Document: 7

Date Filed: 11/14/2011

the

and

court

argument

would

Page: 3 of 3

not

aid

the

decisional

process.
DISMISSED

3