US v. Jose Fuentes-Gonzales, No. 09-7704 (4th Cir. 2010)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7704 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JOSE FUENTES-GONZALES, a/k/a Pepe, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Graham C. Mullen, Senior District Judge. (5:02-cr-00007-GCM-1; 3:09-cv-00333-GCM; 3:01-cr-00221-GCM-1) Submitted: April 20, 2010 Before MOTZ and Circuit Judge. AGEE, Circuit Decided: Judges, and May 5, 2010 HAMILTON, Senior Dismissed by unpublished per curiam opinion. Jose Fuentes-Gonzales, Appellant Pro Se. Michael E. Savage, Assistant United States Attorney, Charlotte, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Jose court s order Fuentes-Gonzales dismissing as (West Supp. 2009) motion. seeks to untimely his appeal 28 the district U.S.C.A. § 2255 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 U.S.C. this standard would claims by § 2253(c)(2) find the that district by (2006). A demonstrating any assessment court is 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 Fuentes- reviewed the record and conclude Gonzales has not made the requisite showing. that Accordingly, we deny a certificate of appealability and dismiss the appeal. dispense with oral argument because the 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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