US v. Jose Hernandez-Lopez

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:14-cr-00016-CMH-1,1:14-cv-01491-CMH Copies to all parties and the district court/agency. [999852612]. Mailed to: Jose Hernandez-Lopez. [15-7826]

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Appeal: 15-7826 Doc: 9 Filed: 06/14/2016 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-7826 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. JOSE SANTIAGO HERNANDEZ-LOPEZ, a/k/a Jose Santiago Hernandez, a/k/a Santiago Hernandez, a/k/a Jose Santiago, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Claude M. Hilton, Senior District Judge. (1:14-cr-00016-CMH-1; 1:14-cv-01491-CMH) Submitted: May 31, 2016 Decided: June 14, 2016 Before MOTZ, KING, and DUNCAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Jose Santiago Hernandez-Lopez, Appellant Pro Se. Catherine Sun Ahn, Special Assistant United States Attorney, Jason David Jones, Charles Eric Douglas Mothander, Eugene Joseph Rossi, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. Appeal: 15-7826 Doc: 9 Filed: 06/14/2016 Pg: 2 of 3 PER CURIAM: Jose Santiago Hernandez-Lopez seeks to appeal the district court’s order motion. The order is not appealable unless a circuit justice or judge denying issues a certificate § 2253(c)(1)(B) (2012). issue absent relief “a on of 28 U.S.C. § 2255 appealability. 28 (2012) U.S.C. A certificate of appealability will not substantial constitutional right.” his showing of the denial 28 U.S.C. § 2253(c)(2) (2012). 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 Hernandez-Lopez has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials 2 Appeal: 15-7826 before Doc: 9 this Filed: 06/14/2016 court and Pg: 3 of 3 argument would not aid the decisional process. DISMISSED 3

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