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United States v. Alejandro Reyes, 18-6443 (2018)

Court: Court of Appeals for the Fourth Circuit Number: 18-6443 Visitors: 6
Filed: Nov. 21, 2018
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-6443 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ALEJANDRO REYES, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. M. Hannah Lauck, District Judge. (3:03-cr-00195-MHL-RCY-3; 3:16-cv- 00379-JRS) Submitted: November 14, 2018 Decided: November 21, 2018 Before GREGORY, Chief Judge, MOTZ, Circuit Judge, and SHEDD, Senior Circuit Judge. Dismissed by unpu
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                                     UNPUBLISHED

                       UNITED STATES COURT OF APPEALS
                           FOR THE FOURTH CIRCUIT


                                      No. 18-6443


UNITED STATES OF AMERICA,

                    Plaintiff - Appellee,

             v.

ALEJANDRO REYES,

                    Defendant - Appellant.



Appeal from the United States District Court for the Eastern District of Virginia, at
Richmond. M. Hannah Lauck, District Judge. (3:03-cr-00195-MHL-RCY-3; 3:16-cv-
00379-JRS)


Submitted: November 14, 2018                                Decided: November 21, 2018


Before GREGORY, Chief Judge, MOTZ, Circuit Judge, and SHEDD, Senior Circuit
Judge.


Dismissed by unpublished per curiam opinion.


Alejandro Reyes, Appellant Pro Se.


Unpublished opinions are not binding precedent in this circuit.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

       Alejandro Reyes seeks to appeal the district court’s order denying relief on the 28

U.S.C. § 2255 (2012) motion he filed after obtaining authorization from us to file his

successive 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 Reyes 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 this court and argument would not aid the

decisional process.

                                                                               DISMISSED




                                             2

Source:  CourtListener

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