US v. Renato Torres-Eguino


UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 4:11-cr-00107-FL-2,4:13-cv-00153-FL Copies to all parties and the district court/agency. [1000056268]. Mailed to: Renato Torres-Eguino Glenn Perry. [16-7498]

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Appeal: 16-7498 Doc: 5 Filed: 04/05/2017 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-7498 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. RENATO TORRES-EGUINO, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Greenville. Louise W. Flanagan, District Judge. (4:11-cr-00107-FL-2; 4:13-cv-00153FL) Submitted: March 30, 2017 Decided: April 5, 2017 Before MOTZ, SHEDD, and WYNN, Circuit Judges. Dismissed by unpublished per curiam opinion. Renato Torres-Eguino, Appellant Pro Se. Shailika S. Kotiya, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina; Glenn Perry, OFFICE OF THE UNITED STATES ATTORNEY, Greenville, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. Appeal: 16-7498 Doc: 5 Filed: 04/05/2017 Pg: 2 of 2 PER CURIAM: Renato Torres-Eguino seeks to appeal the district court’s orders accepting the recommendation of the magistrate judge, denying relief on his 28 U.S.C. § 2255 (2012) motion, and denying a certificate of appealability. The orders are 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.” 28 U.S.C. § 2253(c)(2) (2012). 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 Torres-Eguino 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 2

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