US v. Jonathan Acosta-Corralco

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying for certificate of appealability Originating case number: 6:10-cr-00411-HMH-2,6:12-cv-02422-HMH Copies to all parties and the district court/agency. [999076706]. Mailed to: Jonathan Enrique Acosta-Corralco. [12-7889]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 12-7889

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JONATHAN ENRIQUE ACOSTA-CORRALCO,
Defendant - Appellant.

Appeal from the United States District Court for the District of
South Carolina, at Greenville.
Henry M. Herlong, Jr., Senior
District Judge. (6:10-cr-00411-HMH-2; 6:12-cv-02422-HMH)

Submitted:

March 28, 2013

Decided:

April 1, 2013

Before NIEMEYER, KING, and KEENAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Jonathan Enrique Acosta-Corralco, Appellant Pro Se.
Andrew
Burke Moorman, OFFICE OF THE UNITED STATES ATTORNEY, Greenville,
South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Jonathan Enrique Acosta-Corralco seeks to appeal the
district court’s order denying relief on his 28 U.S.C.A. § 2255
(West Supp. 2012) motion.

The order is not appealable unless a

circuit justice or judge issues a certificate of appealability.
28

U.S.C.

§ 2253(c)(1)(B)

(2006).

A

certificate

of

appealability will not issue absent “a substantial showing of
the denial of a constitutional right.”
(2006).

28 U.S.C. § 2253(c)(2)

When the district court denies relief on the merits, a

prisoner

satisfies

this

jurists

would

reasonable

standard
find

by

that

demonstrating

the

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

demonstrate

both

on

procedural

that

the

When the district court

grounds,

dispositive

the

prisoner

procedural

ruling

must
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

Acosta-Corralco

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

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argument

would

not

aid

the

decisional

process.
DISMISSED

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