US v. Joseph Michael Guarascio

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 7:09-cr-00109-D-1,7:11-cv-00044-D Copies to all parties and the district court/agency. [999723388]. Mailed to: Joseph Michael Guarascio. [15-7578]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-7578

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JOSEPH MICHAEL GUARASCIO,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Wilmington. James C. Dever, III,
Chief District Judge. (7:09-cr-00109-D-1; 7:11-cv-00044-D)

Submitted:

December 17, 2015

Decided:

December 22, 2015

Before DIAZ and HARRIS, Circuit Judges, and HAMILTON, Senior
Circuit Judge.

Dismissed by unpublished per curiam opinion.

Joseph Michael Guarascio, Appellant Pro Se. Shailika S. Kotiya,
OFFICE OF THE UNITED STATES ATTORNEY, Ethan A. Ontjes, Assistant
United States Attorney, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Joseph
court’s

Michael

order

Guarascio

denying

his

seeks

Fed.

R.

to

appeal

Civ.

P.

the

60(b)

district

motion

for

reconsideration of the district court’s order denying relief on
his 28 U.S.C. § 2255 (2012) motion.
unless

a

circuit

appealability.

justice

or

The order is not appealable

judge

issues

a

28 U.S.C. § 2253(c)(1)(B) (2012).

certificate

of

A certificate

of appealability will not issue absent “a substantial showing of
the denial of a constitutional right.”
(2012).

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
Guarascio has not made the requisite showing.

Accordingly, we

deny a certificate of appealability and dismiss the appeal.
dispense

with

oral

argument

because

2

the

facts

and

We

legal

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contentions

are

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adequately

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presented

in

the

materials

before

this court and argument would not aid the decisional process.

DISMISSED

3