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United States v. Castrejon-Sanchez, 05-6753 (2005)

Court: Court of Appeals for the Fourth Circuit Number: 05-6753 Visitors: 16
Filed: Sep. 09, 2005
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-6753 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus IGNACIO CASTREJON-SANCHEZ, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Asheville. Lacy H. Thornburg, District Judge. (CR-99-3; CA-05-72-1) Submitted: August 22, 2005 Decided: September 9, 2005 Before WILLIAMS, TRAXLER, and KING, Circuit Judges. Dismissed by unpublished per curiam opinion. Ignaci
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                               UNPUBLISHED

                   UNITED STATES COURT OF APPEALS
                       FOR THE FOURTH CIRCUIT


                               No. 05-6753



UNITED STATES OF AMERICA,

                                               Plaintiff - Appellee,

          versus


IGNACIO CASTREJON-SANCHEZ,

                                              Defendant - Appellant.



Appeal from the United States District Court for the Western
District of North Carolina, at Asheville.  Lacy H. Thornburg,
District Judge. (CR-99-3; CA-05-72-1)


Submitted:   August 22, 2005             Decided:   September 9, 2005


Before WILLIAMS, TRAXLER, and KING, Circuit Judges.


Dismissed by unpublished per curiam opinion.


Ignacio Castrejon-Sanchez, Appellant Pro Se. Amy Elizabeth Ray,
OFFICE OF THE UNITED STATES ATTORNEY, Asheville, North Carolina,
for Appellee.


Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:

            Ignacio Castrejon-Sanchez seeks to appeal the district

court’s order denying relief on his 28 U.S.C. § 2255 (2000) motion.

The order is not appealable unless a circuit justice or judge

issues a certificate of appealability.                28 U.S.C. § 2253(c)(1)

(2000).     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) (2000).         A prisoner satisfies this standard by

demonstrating       that    reasonable   jurists      would   find     that   his

constitutional      claims    are   debatable   and    that   any    dispositive

procedural rulings by the district court are also debatable or

wrong.      See Miller-El v. Cockrell, 
537 U.S. 322
, 336 (2003);

Slack v. McDaniel, 
529 U.S. 473
, 484 (2000); Rose v. Lee, 
252 F.3d 676
, 683 (4th Cir. 2001).            We have independently reviewed the

record    and    conclude    that   Castrejon-Sanchez     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




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Source:  CourtListener

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