Filed: Mar. 14, 2005
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-7552 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus REGINA VENGOECHEA, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Greenville. Henry F. Floyd, District Judge. (CR-99-98; CA-04-21974-26) Submitted: March 10, 2005 Decided: March 14, 2005 Before LUTTIG, MOTZ, and TRAXLER, Circuit Judges. Dismissed by unpublished per curiam opinion. Regina Vengoechea, Appell
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-7552 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus REGINA VENGOECHEA, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Greenville. Henry F. Floyd, District Judge. (CR-99-98; CA-04-21974-26) Submitted: March 10, 2005 Decided: March 14, 2005 Before LUTTIG, MOTZ, and TRAXLER, Circuit Judges. Dismissed by unpublished per curiam opinion. Regina Vengoechea, Appella..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-7552
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
REGINA VENGOECHEA,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Greenville. Henry F. Floyd, District Judge.
(CR-99-98; CA-04-21974-26)
Submitted: March 10, 2005 Decided: March 14, 2005
Before LUTTIG, MOTZ, and TRAXLER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Regina Vengoechea, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Regina Vengoechea seeks to appeal the district court’s
order construing her Fed. R. Civ. P. 60(b) motion as a successive
28 U.S.C. § 2255 (2000) motion and dismissing it without prejudice.
The order is not appealable unless a circuit justice or judge
issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)
(2000); Reid v. Angelone,
369 F.3d 363, 369 (4th Cir. 2004). 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, 336-38 (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 Vengoechea 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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