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United States v. Jose Ibarra-Ayon, 15-7564 (2016)

Court: Court of Appeals for the Fourth Circuit Number: 15-7564 Visitors: 21
Filed: Mar. 04, 2016
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-7564 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. JOSE LUIS IBARRA-AYON, Defendant - Appellant. Appeal from the United States District Court for the Western District of Virginia, at Harrisonburg. Michael F. Urbanski, District Judge. (5:13-cr-00009-MFU-RSB-1; 5:14-cv-80781-MFU- RSB) Submitted: February 26, 2016 Decided: March 4, 2016 Before KEENAN and THACKER, Circuit Judges, and DAVIS, Senior Circuit Judge. Dismissed
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                            UNPUBLISHED

                  UNITED STATES COURT OF APPEALS
                      FOR THE FOURTH CIRCUIT


                            No. 15-7564


UNITED STATES OF AMERICA,

                Plaintiff – Appellee,

          v.

JOSE LUIS IBARRA-AYON,

                Defendant - Appellant.



Appeal from the United States District Court for the Western
District of Virginia, at Harrisonburg.     Michael F. Urbanski,
District Judge.    (5:13-cr-00009-MFU-RSB-1; 5:14-cv-80781-MFU-
RSB)


Submitted:   February 26, 2016            Decided:   March 4, 2016


Before KEENAN and THACKER, Circuit Judges, and DAVIS, Senior
Circuit Judge.


Dismissed by unpublished per curiam opinion.


Jose Luis Ibarra-Ayon, Appellant Pro Se. Elizabeth G. Wright,
OFFICE OF THE UNITED STATES ATTORNEY, Harrisonburg, Virginia,
for Appellee.


Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:

      Jose Luis Ibarra-Ayon seeks to appeal the district court’s

order 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

Ibarra-Ayon 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




                                   3

Source:  CourtListener

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