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UNPUBLISHED PER CURIAM OPINION filed.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UNPUBLISHED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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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
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