US v. Asael Gomez-Jimenez
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case numbers: 5:12-cr-00274-D-2, 5:16-cv-00049-D. Copies to all parties and the district court. [1000177398]. Mailed to: Appellant. [17-6755]
Appeal: 17-6755
Doc: 6
Filed: 10/20/2017
Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 17-6755
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ASAEL GOMEZ-JIMENEZ, a/k/a Luis Aguilar-Sierra,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of North Carolina, at
Raleigh. James C. Dever III, Chief District Judge. (5:12-cr-00274-D-2; 5:16-cv-00049D)
Submitted: October 17, 2017
Decided: October 20, 2017
Before FLOYD and HARRIS, Circuit Judges, and HAMILTON, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Asael Gomez-Jimenez, Appellant Pro Se. Jennifer P. May-Parker, Seth Morgan Wood,
Assistant United States Attorneys, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
Appeal: 17-6755
Doc: 6
Filed: 10/20/2017
Pg: 2 of 2
PER CURIAM:
Asael Gomez-Jimenez 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 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 Gomez-Jimenez
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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