Filed: Jul. 17, 2018
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-6093 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ALFREDO ARNOLDO GALLARDO, a/k/a Alfredo Arredondo Gallardo, a/k/a Alfredo A. Gallardo, a/k/a Alfredo Arnoldo Gomez, a/k/a Alfredo Arnoldo Gomez-Gallardo, a/k/a Nelson Edugenio Eguizabal, Defendant - Appellant. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. Loretta C. Biggs, District Judge. (1:15-cr-00288-LCB-1; 1:
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-6093 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ALFREDO ARNOLDO GALLARDO, a/k/a Alfredo Arredondo Gallardo, a/k/a Alfredo A. Gallardo, a/k/a Alfredo Arnoldo Gomez, a/k/a Alfredo Arnoldo Gomez-Gallardo, a/k/a Nelson Edugenio Eguizabal, Defendant - Appellant. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. Loretta C. Biggs, District Judge. (1:15-cr-00288-LCB-1; 1:1..
More
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 18-6093
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ALFREDO ARNOLDO GALLARDO, a/k/a Alfredo Arredondo Gallardo, a/k/a
Alfredo A. Gallardo, a/k/a Alfredo Arnoldo Gomez, a/k/a Alfredo Arnoldo
Gomez-Gallardo, a/k/a Nelson Edugenio Eguizabal,
Defendant - Appellant.
Appeal from the United States District Court for the Middle District of North Carolina, at
Greensboro. Loretta C. Biggs, District Judge. (1:15-cr-00288-LCB-1; 1:16-cv-00974-
LCB-LPA)
Submitted: June 19, 2018 Decided: July 17, 2018
Before TRAXLER and HARRIS, Circuit Judges, and HAMILTON, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Alfredo Arnoldo Gallardo, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Alfredo Arnoldo Gallardo seeks to appeal the district court’s order accepting the
recommendation of the magistrate judge and denying relief on his 28 U.S.C. § 2255
(2012) 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) (2012). 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) (2012). 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 Gallardo has not
made the requisite showing. Accordingly, we deny a certificate of appealability and
dismiss the appeal. We deny Gallardo’s motion to appoint counsel and 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