US v. Paul Boccone

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:11-cr-00592-CMH-1,1:15-cv-00887-CMH Copies to all parties and the district court/agency. [999836981]. Mailed to: Paul Boccone. [15-7991]

Appeal: 15-7991

Doc: 10

Filed: 05/31/2016

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-7991

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
PAUL PHOTIADIS BOCCONE,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria.
Claude M. Hilton, Senior
District Judge. (1:11-cr-00592-CMH-1; 1:15-cv-00887-CMH)

Submitted:

May 26, 2016

Decided:

May 31, 2016

Before TRAXLER, Chief Judge, and NIEMEYER and FLOYD, Circuit
Judges.

Dismissed by unpublished per curiam opinion.

Paul Photiadis Boccone, Appellant Pro Se.
Gregory P. Bailey,
UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; Ruxandra
Barbulescu, Jonathan Persons Robell, OFFICE OF THE UNITED STATES
ATTORNEY, Michael Phillip Ben’Ary, Assistant United States
Attorney, Marc Birnbaum, Special Assistant United States Attorney,
Alexandria, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 15-7991

Doc: 10

Filed: 05/31/2016

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PER CURIAM:
Paul Photiadis Boccone seeks to appeal the district court’s
order denying relief on his 28 U.S.C. § 2255 (2012) motion.

The

order is not appealable unless a circuit justice or judge issues
a certificate of appealability.

28 U.S.C. § 2253(c)(1)(B) (2012).

A certificate of appealability will not issue absent “a substantial
showing of the denial of a constitutional right.”
§ 2253(c)(2) (2012).

28 U.S.C.

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 (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 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
Boccone 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

before

this

court

and

argument would not aid the decisional process.
DISMISSED
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