US v. Sergio Mujica

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to amend/correct [999175631-2]; granting Motion to exceed length limitations [999175631-3] Originating case number: 5:09-cr-00015-SGW-RSB-1,5:12-cv-80452-SGW-RSB Copies to all parties and the district court/agency. [999233860]. Mailed to: Sergio Mujica. [13-6524]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 13-6524

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
SERGIO MUJICA,
Defendant - Appellant.

Appeal from the United States District Court for the Western
District of Virginia, at Harrisonburg.
Samuel G. Wilson,
District Judge.
(5:09-cr-00015-SGW-RSB-1; 5:12-cv-80452-SGWRSB)

Submitted:

October 1, 2013

Decided:

November 5, 2013

Before KEENAN, WYNN, and DIAZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Sergio Mujica, Appellant Pro Se.
Sharon Burnham, Craig Jon
Jacobsen,
I,
Assistant
United
States
Attorneys,
Roanoke,
Virginia; Grayson A. Hoffman, Assistant United States Attorney,
Harrisonburg, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Sergio

Mujica

seeks

to

appeal

the

district

court’s

order denying relief on his 28 U.S.C.A. § 2255 (West Supp. 2013)
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.

Slack,

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

Accordingly, we

deny a certificate of appealability and dismiss the appeal.

We

grant Mujica’s motion to amend or correct the informal brief and
request for a certificate of appealability.

2

We dispense with

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oral

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argument

adequately

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because

presented

in

the
the

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facts

and

materials

legal
before

contentions
this

court

are
and

argument would not aid the decisional process.
DISMISSED

3