US v. Johnny Gonzalez

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UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to appoint/assign counsel [999859796-2]. A certificate of appealability is denied. Originating case number: 3:08-cr-00134-RJC-DSC-18, 3:14-cv-00234-RJC. Copies to all parties and the district court/agency [999971960]. Mailed to: Johnny Elias Gonzalez. [16-6494]

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Appeal: 16-6494 Doc: 12 Filed: 11/21/2016 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-6494 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. JOHNNY ELIAS GONZALEZ, a/k/a Solo, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Robert J. Conrad, Jr., District Judge. (3:08-cr-00134-RJC-DSC-18; 3:14-cv-00234RJC) Submitted: November 17, 2016 Before GREGORY, Judges. Chief Judge, Decided: and MOTZ, and November 21, 2016 TRAXLER, Circuit Dismissed by unpublished per curiam opinion. Johnny Elias Gonzalez, Appellant Pro Se. Adam Christopher Morris, Kevin Zolot, OFFICE OF THE UNITED STATES ATTORNEY, Jill Westmoreland Rose, United States Attorney, Charlotte, North Carolina; Amy Elizabeth Ray, Assistant United States Attorney, Asheville, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. Appeal: 16-6494 Doc: 12 Filed: 11/21/2016 Pg: 2 of 3 PER CURIAM: Johnny Elias Gonzalez 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 (2012). of appealability. 28 U.S.C. § 2253(c)(1)(B) 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). relief on the merits, demonstrating district that court’s debatable or a When the district court denies prisoner reasonable assessment wrong. satisfies jurists would of the v. McDaniel, Slack this standard find that the claims constitutional 529 by is 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 claim of the denial of a constitutional right. a debatable Slack, 529 U.S. at 484-85. We have independently reviewed the record and conclude that Gonzalez has not made the requisite showing. deny Gonzalez’s certificate dispense of with motion for appointment appealability, oral argument and dismiss because 2 of the Accordingly, we counsel, the deny appeal. facts and a We legal Appeal: 16-6494 Doc: 12 contentions are Filed: 11/21/2016 adequately Pg: 3 of 3 presented in the materials before this court and argument would not aid the decisional process. DISMISSED 3

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