US v. Felipe Gonzalez, No. 15-7312 (4th Cir. 2016)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-7312 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. FELIPE ALVARADO GONZALEZ, a/k/a Wicho, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. James R. Spencer, Senior District Judge. (3:13-cr-00178-JRS-12; 3:15-cv-00152-JRS) Submitted: December 17, 2015 Decided: January 11, 2016 Before NIEMEYER and KEENAN, Circuit Judges, and DAVIS, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Felipe Alvarado Gonzalez, Appellant Pro Se. Michael Ronald Gill, Assistant United States Attorney, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Felipe Alvarado 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 Gonzalez has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. dispense with oral argument because 2 the facts and We legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. DISMISSED 3
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