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United States v. Douglas Cerritos, 19-6914 (2019)

Court: Court of Appeals for the Fourth Circuit Number: 19-6914 Visitors: 8
Filed: Dec. 17, 2019
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-6914 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DOUGLAS DURAN CERRITOS, a/k/a Lil Poison, a/k/a Guason, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Leonie M. Brinkema, District Judge. (1:16-cr-00104-LMB-1; 1:18-cv-00884- LMB) Submitted: November 25, 2019 Decided: December 17, 2019 Before AGEE, DIAZ, and HARRIS, Circuit Judges. Dismissed by
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                                    UNPUBLISHED

                       UNITED STATES COURT OF APPEALS
                           FOR THE FOURTH CIRCUIT


                                      No. 19-6914


UNITED STATES OF AMERICA,

                    Plaintiff - Appellee,

             v.

DOUGLAS DURAN CERRITOS, a/k/a Lil Poison, a/k/a Guason,

                    Defendant - Appellant.



Appeal from the United States District Court for the Eastern District of Virginia, at
Alexandria. Leonie M. Brinkema, District Judge. (1:16-cr-00104-LMB-1; 1:18-cv-00884-
LMB)


Submitted: November 25, 2019                                Decided: December 17, 2019


Before AGEE, DIAZ, and HARRIS, Circuit Judges.


Dismissed by unpublished per curiam opinion.


Douglas Duran Cerritos, Appellant Pro Se. Daniel Taylor Young, Assistant United States
Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for
Appellee.


Unpublished opinions are not binding precedent in this circuit.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

       Douglas Duran Cerritos 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. See 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. See Buck v. Davis, 
137 S. Ct. 759
, 773-74 (2017). 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. Gonzalez v. Thaler, 
565 U.S. 134
, 140-41 (2012) (citing Slack v.

McDaniel, 
529 U.S. 473
, 484 (2000)).

       We have independently reviewed the record and conclude that Cerritos 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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