US v. David Amezquita-Franco
UNPUBLISHED PER CURIAM OPINION filed. Originating case numbers: 3:12-cr-00052-HEH-DJN-1, 3:13-cv-00443-HEH-DJN. Copies to all parties and the district court. . Mailed to: Appellant. [15-6327]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
Henry E. Hudson, District
Judge. (3:12-cr-00052-HEH-DJN-1; 3:13-cv-00443-HEH-DJN)
May 21, 2015
May 27, 2015
Before MOTZ, KING, and WYNN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
David Amezquita-Franco, Appellant Pro Se.
Schiller, Assistant United States Attorney, Richmond, Virginia,
Unpublished opinions are not binding precedent in this circuit.
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David Amezquita-Franco seeks to appeal the district court’s
order denying relief on his 28 U.S.C. § 2255 (2012) motion.
order is not appealable unless a circuit justice or judge issues
A certificate of appealability will not issue absent “a
substantial showing of the denial of a constitutional right.”
28 U.S.C. § 2253(c)(2) (2012).
When the district court denies
(2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003).
When the district court denies relief on procedural grounds, the
prisoner must demonstrate both that the dispositive procedural
claim of the denial of a constitutional right.
Slack, 529 U.S.
We have independently reviewed the record and conclude that
Accordingly, we deny a certificate of appealability and dismiss
We dispense with oral argument because the facts
and legal contentions are adequately presented in the materials
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