Filed: Mar. 19, 2013
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-7894 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. ALVARO EZEQUEIL ALAS, a/k/a Baltimore Alas, a/k/a Alvaro Ezequiel Alas, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Greenville. Henry M. Herlong, Jr., Senior District Judge. (6:09-cr-01067-HMH-1; 6:12-cv-01814-HMH) Submitted: March 14, 2013 Decided: March 19, 2013 Before KING and DUNCAN, Circuit Judges, and
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-7894 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. ALVARO EZEQUEIL ALAS, a/k/a Baltimore Alas, a/k/a Alvaro Ezequiel Alas, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Greenville. Henry M. Herlong, Jr., Senior District Judge. (6:09-cr-01067-HMH-1; 6:12-cv-01814-HMH) Submitted: March 14, 2013 Decided: March 19, 2013 Before KING and DUNCAN, Circuit Judges, and ..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-7894
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
ALVARO EZEQUEIL ALAS, a/k/a Baltimore Alas, a/k/a Alvaro
Ezequiel Alas,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Greenville. Henry M. Herlong, Jr., Senior
District Judge. (6:09-cr-01067-HMH-1; 6:12-cv-01814-HMH)
Submitted: March 14, 2013 Decided: March 19, 2013
Before KING and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Alvaro Ezequeil Alas, Appellant Pro Se. Andrew Burke Moorman,
OFFICE OF THE UNITED STATES ATTORNEY, Greenville, South
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Alvaro Ezequeil Alas seeks to appeal the district
court’s order denying relief on his 28 U.S.C.A. § 2255 (West
Supp. 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) (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 Alas 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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