US v. David Amezquita-Franco
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to expedite decision as moot [999980455-2] Originating case number: 3:12-cr-00052-HEH-DJN-1,3:16-cv-00526-HEH Copies to all parties and the district court/agency. . Mailed to: D Amezquita Franco. [16-7111]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
Henry E. Hudson, District
Judge. (3:12-cr-00052-HEH-DJN-1; 3:16-cv-00526-HEH)
January 31, 2017
February 2, 2017
Before WILKINSON, KEENAN, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
David Amezquita-Franco, Appellant Pro Se.
Schiller, Assistant United States Attorney, Richmond, Virginia,
Unpublished opinions are not binding precedent in this circuit.
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David Amezquita-Franco seeks to appeal the district court’s
The order is not appealable unless a circuit justice or
§ 2253(c)(1)(B) (2012).
A certificate of appealability will not
28 U.S.C. § 2253(c)(2) (2012).
district court denies relief on the merits, a prisoner satisfies
find that the district court’s assessment of the constitutional
claims is debatable or wrong.
Slack v. McDaniel, 529 U.S. 473,
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.
529 U.S. at 484-85.
We have independently reviewed the record and conclude that
expedite, deny a certificate of appealability, and dismiss the
We dispense with oral argument because the facts and
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