US v. Monica Renteria-Gonzalez
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 7:12-cr-00037-FA-11 Copies to all parties and the district court/agency. [1000044120].. [16-7695]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-7695
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
MONICA RENTERIA-GONZALEZ,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Wilmington.
David A. Faber,
Senior District Judge. (7:12-cr-00037-FA-11)
Submitted:
March 14, 2017
Before FLOYD and
Circuit Judge.
HARRIS,
Decided:
Circuit
Judges,
and
March 17, 2017
DAVIS,
Senior
Dismissed by unpublished per curiam opinion.
Monica Renteria-Gonzalez, Appellant Pro Se. Kristine L. Fritz,
OFFICE OF THE UNITED STATES ATTORNEY, Jennifer P. May-Parker,
Assistant United States Attorney, Raleigh, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Monica
Renteria-Gonzalez
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
Renteria-Gonzalez
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
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argument
would
not
aid
the
decisional
process.
DISMISSED
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