US v. Gonzales March

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:08-cr-00590-CMC-6,3:10-cv-70294-CMC. Copies to all parties and the district court/agency. [998919413].. [12-6547]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 12-6547

UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
GONZALES MARCH, a/k/a Gun, a/k/a Gon,
Defendant - Appellant.

Appeal from the United States District Court for the District of
South Carolina, at Columbia.
Cameron McGowan Currie, District
Judge. (3:08-cr-00590-CMC-6; 3:10-cv-70294-CMC)

Submitted:

August 16, 2012

Decided:

August 20, 2012

Before KING and THACKER, Circuit Judges, and HAMILTON, Senior
Circuit Judge.

Dismissed by unpublished per curiam opinion.

Joshua Snow Kendrick, Columbia, South Carolina, for Appellant.
Jimmie Ewing, Assistant United States Attorney, James Chris
Leventis, Jr., OFFICE OF THE UNITED STATES ATTORNEY, Columbia,
South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Gonzales March seeks to appeal the district court’s
order denying relief on his Fed. R. Civ. P. 59(e) motion seeking
reconsideration of the denial of 28 U.S.C.A. § 2255 (West Supp.
2012) relief.
justice

or

The order is not appealable unless a circuit

judge

issues

a

certificate

U.S.C. § 2253(c)(1)(B) (2006).

of

appealability.

28

A certificate of appealability

will not issue absent “a substantial showing of the denial of a
constitutional right.”

28 U.S.C. § 2253(c)(2) (2006).

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.

Slack,

529 U.S. at 484-85.
We have independently reviewed the record and conclude
that March has not made the requisite showing.

Accordingly, we

deny a certificate of appealability and dismiss the appeal.
dispense

with

oral

argument

because

2

the

facts

and

We

legal

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

DISMISSED

3