US v. Alfredo Leon-Sanchez, No. 08-8114 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-8114 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ALFREDO LEON-SANCHEZ, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Richard L. Voorhees, District Judge. (5:03-cr-00032-RLV-1; 5:06-cv-00146RLV) Submitted: February 2, 2009 Decided: March 4, 2009 Before MOTZ and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Alfredo Leon-Sanchez, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Alfredo Leon-Sanchez 28 U.S.C. district The order is not appealable unless a circuit justice or certificate § 2253(c)(1) (2000). issue absent constitutional prisoner a substantial right. jurists constitutional of § 2255 appealability. (2000) 28 U.S.C. A certificate of appealability will not satisfies reasonable his the motion. a on appeal order issues relief to court s judge denying seeks 28 this would claims by showing U.S.C. the the denial § 2253(c)(2) standard find of by that district of (2000). demonstrating any assessment court is a A that of the debatable or wrong and that any dispositive procedural ruling by the district court is likewise debatable. Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). We have independently reviewed the record and conclude that Leon-Sanchez has not made the requisite showing. certificate dispense of with appealability oral argument and Accordingly, we deny a dismiss because the the appeal. facts and We legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 2

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