US v. Sammy Frausti

Filing

UNPUBLISHED PER CURIAM OPINION filed. A certificate of appealability is denied. Originating case number: 3:07-cr-00233-RJC-1, 3:16-cv-00492-RJC. Copies to all parties and the district court/agency [1000032118]. Mailed to: Sammy Esqueda Frausti. [16-7403]

Appeal: 16-7403

Doc: 7

Filed: 02/28/2017

Pg: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-7403

UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
SAMMY ESQUEDA FRAUSTI, a/k/a Sammy Esqueda Frausto,
Defendant - Appellant.

Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte.
Robert J. Conrad,
Jr., District Judge. (3:07-cr-00233-RJC-1; 3:16-cv-00492-RJC)

Submitted:

February 17, 2017

Decided:

February 28, 2017

Before DUNCAN, WYNN, and FLOYD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Sammy Esqueda Frausti, Appellant Pro Se. Steven R. Kaufman,
Assistant 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Unpublished opinions are not binding precedent in this circuit.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: 16-7403

Doc: 7

Filed: 02/28/2017

Pg: 2 of 3

PER CURIAM:
Sammy Esqueda Frausti 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

demonstrating
district

merits,
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

U.S.

that

the

claims

constitutional
529

by

is

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
Frausti has not made the requisite showing.

Accordingly, we

deny a certificate of appealability and dismiss the appeal.
dispense

with

oral

argument

because

2

the

facts

and

We

legal

Appeal: 16-7403

Doc: 7

contentions

Filed: 02/28/2017

are

adequately

Pg: 3 of 3

presented

in

the

materials

before

this court and argument would not aid the decisional process.

DISMISSED

3