US v. Luis Vega, No. 08-8400 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-8400 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. LUIS FERNANDO VEGA, Defendant - Appellant. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Glen E. Conrad, District Judge. (7:07-cr-00034-gec-mfu-1; 7:08-cv-80062-gec-mfu) Submitted: March 12, 2009 Before MOTZ and Circuit Judge. SHEDD, Decided: Circuit Judges, and March 17, 2009 HAMILTON, Senior Dismissed by unpublished per curiam opinion. Luis Fernando Vega, Appellant Pro Se. Ronald Andrew Bassford, Assistant United States Attorney, Roanoke, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Luis Fernando Vega seeks to appeal the district court s order denying relief on his 28 U.S.C.A. § 2255 (West Supp. 2008) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2006). A certificate of appealability will not issue absent a substantial showing of the denial of a constitutional prisoner reasonable right. satisfies jurists constitutional 28 this by § 2253(c)(2) standard would claims U.S.C. find the that by demonstrating any district (2006). assessment court is A that of debatable the or wrong and that any dispositive procedural ruling by the district Miller-El v. Cockrell, 537 U.S. court is likewise debatable. 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 Vega 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 the court and argument would not aid the decisional process. DISMISSED 2

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