US v. Luciano Perez-Sorto

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999087038-2], updating certificate of appealability status. Originating case number: 1:11-cr-00113-AJT-1, 1:12-cv-00808-AJT Copies to all parties and the district court/agency. [999123089].. [13-6377]

Appeal: 13-6377

Doc: 11

Filed: 06/05/2013

Pg: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 13-6377

UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
LUCIANO
Lucky,

PEREZ-SORTO,

a/k/a

Joker,

a/k/a

Arturo,

a/k/a

Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria.
Anthony John Trenga,
District Judge. (1:11-cr-00113-AJT-1; 1:12-cv-00808-AJT)

Submitted:

May 30, 2013

Decided:

June 5, 2013

Before SHEDD, DIAZ, and THACKER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Luciano Perez-Sorto, Appellant Pro Se. Lisa Owings, Karen Martin
Traster, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria,
Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 13-6377

Doc: 11

Filed: 06/05/2013

Pg: 2 of 3

PER CURIAM:
Luciano

Perez-Sorto

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

on

both

procedural

that

the

When the district court

grounds,

dispositive

the

prisoner

procedural

must

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

Perez-Sorto

has

not

made

the

requisite

showing.

Accordingly, we deny a certificate of appealability, deny leave
to

proceed

dispense

in

with

forma

pauperis,

oral

argument

and

dismiss

because

2

the

the

appeal.

facts

and

We
legal

Appeal: 13-6377

Doc: 11

contentions

are

Filed: 06/05/2013

adequately

Pg: 3 of 3

presented

in

the

materials

before

this court and argument would not aid the decisional process.

DISMISSED

3