US v. Alejandro Garcia

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion for certificate of appealability (Local Rule 22(a)) [999725281-2]. Originating case number: 5:09-cr-00025-RLV-DCK-1,5:13-cv-00149-RLV. Copies to all parties and the district court. [999844950]. [15-7890]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-7890

UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
ALEJANDRO SALINAS GARCIA, a/k/a Alex,
Defendant - Appellant.

Appeal from the United States District Court for the Western
District of North Carolina, at Statesville.
Richard L.
Voorhees, District Judge.
(5:09-cr-00025-RLV-DCK-1; 5:13-cv00149-RLV)

Submitted:

April 29, 2016

Decided:

June 7, 2016

Before DUNCAN and THACKER, Circuit Judges, and DAVIS, Senior
Circuit Judge.

Dismissed by unpublished per curiam opinion.

Dallas Craig Hughes, LAW OFFICES OF D. CRAIG HUGHES, Houston,
Texas, for Appellant. Thomas Richard Ascik, Assistant United
States Attorney, Asheville, North Carolina; Steven R. Kaufman,
William Michael Miller, Assistant United States Attorneys,
Charlotte, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Alejandro

Salinas

28

U.S.C.

the

district

The order is not appealable unless a circuit justice or
certificate

§ 2253(c)(1)(B) (2012).
issue

absent

“a

of

§ 2255

appealability.

28

(2012)

U.S.C.

A certificate of appealability will not

substantial

constitutional right.”

his

appeal

motion.

a

on

to

order

issues

relief

seeks

court’s

judge

denying

Garcia

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

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
Garcia has not made the requisite showing.

Accordingly, we deny

his motion for a certificate of appealability and dismiss the
appeal.
legal

We dispense with oral argument because the facts and

contentions

are

adequately

2

presented

in

the

materials

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court

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argument

would

not

aid

the

decisional

process.
DISMISSED

3