US v. Constantino Rodriguez-Bailon

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--updating certificate of appealability status Originating case number: 3:15-cr-00108-RJC-1,3:16-cv-00652-RJC Copies to all parties and the district court/agency. [1000016682]. Mailed to: Constantino Rodriguez-Bailon. [16-7459]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-7459

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
CONSTANTINO RODRIGUEZ-BAILON,
Defendant - Appellant.

Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte.
Robert J. Conrad,
Jr., District Judge. (3:15-cr-00108-RJC-1; 3:16-cv-00652-RJC)

Submitted:

January 31, 2017

Decided:

February 3, 2017

Before WILKINSON, KEENAN, and THACKER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Constantino Rodriguez-Bailon, Appellant Pro Se.
Kenneth Michel
Smith, OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North
Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Constantino Rodriguez-Bailon seeks to appeal the district
court’s

order

motion.

The order is not appealable unless a circuit justice or

judge

issues

denying

a

certificate

§ 2253(c)(1)(B) (2012).
issue

absent

relief

“a

on

of

28

U.S.C.

§ 2255

appealability.

28

(2012)

U.S.C.

A certificate of appealability will not

substantial

constitutional right.”

his

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 that 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
Rodriguez-Bailon

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

2

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argument

would

not

aid

the

decisional

process.
DISMISSED

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