Filed: Sep. 03, 2013
Latest Update: Feb. 12, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-6489 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JESUS GUTIERREZ CAMPOS, a/k/a Juan Campos, a/k/a Pelon, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Anthony John Trenga, District Judge. (1:09-cr-00496-AJT-2) Submitted: August 29, 2013 Decided: September 3, 2013 Before DUNCAN, AGEE, and KEENAN, Circuit Judges. Dismissed by unpublished per cur
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-6489 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JESUS GUTIERREZ CAMPOS, a/k/a Juan Campos, a/k/a Pelon, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Anthony John Trenga, District Judge. (1:09-cr-00496-AJT-2) Submitted: August 29, 2013 Decided: September 3, 2013 Before DUNCAN, AGEE, and KEENAN, Circuit Judges. Dismissed by unpublished per curi..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-6489
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JESUS GUTIERREZ CAMPOS, a/k/a Juan Campos, a/k/a Pelon,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Anthony John Trenga,
District Judge. (1:09-cr-00496-AJT-2)
Submitted: August 29, 2013 Decided: September 3, 2013
Before DUNCAN, AGEE, and KEENAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Jesus Gutierrez Campos, Appellant Pro Se. Daniel Joseph Grooms,
III, Assistant United States Attorney, Stacy Bogert, Mysti Dawn
Degani, Karen Dunn, Yael Epstein, Elizabeth T. Rawlings, OFFICE
OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Jesus Gutierrez Campos seeks to appeal the district
court’s order denying relief on his 28 U.S.C.A. § 2255 (West
Supp. 2013) motion. The order is not appealable unless a
circuit justice or judge issues a certificate of appealability.
28 U.S.C. § 2253(c)(1)(B) (2006). 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)
(2006). 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 (2000); see Miller-El v.
Cockrell,
537 U.S. 322, 336-38 (2003). 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 Campos 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
2
contentions are adequately presented in the materials before
this court and argument would not aid the decisional process.
DISMISSED
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