US v. Wilfredo Andujar
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:09-cr-00153-RJC-2,3:11-cv-00604-RJC Copies to all parties and the district court/agency. [999161747]. Mailed to: Wilfred Andujar. [13-6796]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-6796
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
WILFREDO ANDUJAR,
a/k/a Bori,
a/k/a
Rolando
Casanova,
a/k/a
Freddy,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte.
Robert J. Conrad,
District Judge. (3:09-cr-00153-RJC-2)
Submitted:
July 25, 2013
Decided:
July 30, 2013
Before GREGORY, DAVIS, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Wilfredo Andujar, Appellant Pro Se. William A. Brafford, Steven
R. Kaufman, Assistant United States Attorneys, Charlotte, North
Carolina; Amy Elizabeth Ray, Assistant United States Attorney,
Asheville, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Wilfredo Andujar 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 Andujar has not made the requisite showing.
Accordingly,
we deny a certificate of appealability and dismiss the appeal.
We
dispense
with
oral
argument
2
because
the
facts
and
legal
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contentions
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are
adequately
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presented
in
the
materials
before
this court and argument would not aid the decisional process.
DISMISSED
3
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