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United States v. Fred Carrasco, Jr., 18-6216 (2019)

Court: Court of Appeals for the Fourth Circuit Number: 18-6216 Visitors: 41
Filed: Apr. 03, 2019
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-6216 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. FRED CARRASCO, JR., a/k/a Aaron Bryant, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Robert J. Conrad, Jr., District Judge. (3:13-cr-00199-RJC-1; 3:16-cv- 00298-RJC) Submitted: February 27, 2019 Decided: April 3, 2019 Before WILKINSON, AGEE, and HARRIS, Circuit Judges. Dismissed by unpubli
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                                    UNPUBLISHED

                       UNITED STATES COURT OF APPEALS
                           FOR THE FOURTH CIRCUIT


                                        No. 18-6216


UNITED STATES OF AMERICA,

                    Plaintiff - Appellee,

             v.

FRED CARRASCO, JR., a/k/a Aaron Bryant,

                    Defendant - Appellant.



Appeal from the United States District Court for the Western District of North Carolina,
at Charlotte. Robert J. Conrad, Jr., District Judge. (3:13-cr-00199-RJC-1; 3:16-cv-
00298-RJC)


Submitted: February 27, 2019                                      Decided: April 3, 2019


Before WILKINSON, AGEE, and HARRIS, Circuit Judges.


Dismissed by unpublished per curiam opinion.


Fred Carrasco, Jr., Appellant Pro Se.


Unpublished opinions are not binding precedent in this circuit.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

       Fred Carrasco, Jr., 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 considered the merits of the

claims Carrasco asserted in his § 2255 motion and conclude that Carrasco has not made

the requisite showing to warrant a certificate of appealability. 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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