US v. Reymundo Rodriguez

Filing

UNPUBLISHED PER CURIAM OPINION filed. A certificate of appealability is denied. Originating case number: 1:06-cr-00004-MR-1, 1:16-cv-00228-MR. Copies to all parties and the district court/agency [1000032157]. Mailed to: Reymundo Monge Rodriguez. [16-7519]

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Appeal: 16-7519 Doc: 5 Filed: 02/28/2017 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-7519 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. REYMUNDO MONGE RODRIGUEZ, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Asheville. Martin K. Reidinger, District Judge. (1:06-cr-00004-MR-1; 1:16-cv-00228-MR) Submitted: February 23, 2017 Decided: February 28, 2017 Before SHEDD and DIAZ, Circuit Judges, and DAVIS, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Reymundo Monge Rodriguez, Appellant Pro Se. Jill Westmoreland Rose, United States Attorney, Michael E. Savage, 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 Unpublished opinions are not binding precedent in this circuit.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: 16-7519 Doc: 5 Filed: 02/28/2017 Pg: 2 of 3 PER CURIAM: Reymundo Monge Rodriguez 28 U.S.C. district The order is not appealable unless a circuit justice or certificate § 2253(c)(1)(B) (2012). issue absent “a of § 2255 appealability. 28 (2012) U.S.C. A certificate of appealability will not substantial constitutional right.” his the motion. a on appeal order issues relief to court’s judge denying seeks 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 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: 16-7519 Doc: 5 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

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