Filed: Mar. 13, 2020
Latest Update: Mar. 13, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-7539 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JESSIE GOMEZ, a/k/a Jesus, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, Chief District Judge. (5:12-cr-00336-BO-2; 5:16-cv-00174- BO) Submitted: March 10, 2020 Decided: March 13, 2020 Before NIEMEYER and AGEE, Circuit Judges, and SHEDD, Senior Circuit Judge. Dismissed by u
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-7539 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JESSIE GOMEZ, a/k/a Jesus, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, Chief District Judge. (5:12-cr-00336-BO-2; 5:16-cv-00174- BO) Submitted: March 10, 2020 Decided: March 13, 2020 Before NIEMEYER and AGEE, Circuit Judges, and SHEDD, Senior Circuit Judge. Dismissed by un..
More
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 19-7539
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JESSIE GOMEZ, a/k/a Jesus,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of North Carolina, at
Raleigh. Terrence W. Boyle, Chief District Judge. (5:12-cr-00336-BO-2; 5:16-cv-00174-
BO)
Submitted: March 10, 2020 Decided: March 13, 2020
Before NIEMEYER and AGEE, Circuit Judges, and SHEDD, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Jessie Gomez, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Jessie Gomez seeks to appeal the district court’s order denying relief on his 28
U.S.C. § 2255 (2018) motion. The order is not appealable unless a circuit justice or judge
issues a certificate of appealability. See 28 U.S.C. § 2253(c)(1)(B) (2018). 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) (2018). When the district court denies relief on the merits,
a prisoner satisfies this standard by demonstrating that reasonable jurists would find the
district court’s assessment of the constitutional claims debatable or wrong. See Buck v.
Davis,
137 S. Ct. 759, 773-74 (2017). 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.
Gonzalez v. Thaler,
565 U.S. 134, 140-41 (2012) (citing Slack v. McDaniel,
529 U.S. 473,
484 (2000)).
We have independently reviewed the record and conclude that Gomez has not made
the requisite showing. Accordingly, we deny a certificate of appealability, deny Gomez’s
motion for appointment of counsel, 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