US v. Alma Morales-Vega

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 8:08-cr-00051-AW-4,8:10-cv-03243-AW Copies to all parties and the district court/agency. [998706145]. Mailed to: Alma Morales-Vega. [11-6746]

Appeal: 11-6746

Document: 10

Date Filed: 10/21/2011

Page: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-6746

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ALMA MORALES-VEGA,
Defendant - Appellant.

Appeal from the United States District Court for the District of
Maryland, at Greenbelt.
Alexander Williams, Jr., District
Judge. (8:08-cr-00051-AW-4; 8:10-cv-03243-AW)

Submitted:

October 18, 2011

Decided:

October 21, 2011

Before WILKINSON, MOTZ, and DIAZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Alma Morales-Vega, Appellant Pro Se.
Robert K. Hur, Assistant
United States Attorney, Greenbelt, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 11-6746

Document: 10

Date Filed: 10/21/2011

Page: 2 of 3

PER CURIAM:
Alma Morales-Vega seeks to appeal the district court’s
order denying relief on her 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.
and

conclude

showing.

that

Slack,

We have independently reviewed the record
Morales-Vega

has

not

made

the

requisite

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

2

Appeal: 11-6746

Document: 10

materials

before

Date Filed: 10/21/2011

the

court

and

Page: 3 of 3

argument

would

not

aid

the

decisional process.

DISMISSED

3