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United States v. Arturo Mendez-Gomez, 19-7453 (2020)

Court: Court of Appeals for the Fourth Circuit Number: 19-7453 Visitors: 6
Filed: Jun. 22, 2020
Latest Update: Sep. 22, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-7453 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ARTURO MENDEZ-GOMEZ, a/k/a Antonio Mendez-Gomez, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Greenville. Henry M. Herlong, Jr., Senior District Judge. (6:14-cr-00465-HMH-2; 6:19-cv-02536-HMH) Submitted: June 18, 2020 Decided: June 22, 2020 Before FLOYD, THACKER, and RUSHING, Circuit Judges. Dismissed by unp
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                                    UNPUBLISHED

                       UNITED STATES COURT OF APPEALS
                           FOR THE FOURTH CIRCUIT


                                      No. 19-7453


UNITED STATES OF AMERICA,

                    Plaintiff - Appellee,

             v.

ARTURO MENDEZ-GOMEZ, a/k/a Antonio Mendez-Gomez,

                    Defendant - Appellant.



Appeal from the United States District Court for the District of South Carolina, at
Greenville. Henry M. Herlong, Jr., Senior District Judge. (6:14-cr-00465-HMH-2;
6:19-cv-02536-HMH)


Submitted: June 18, 2020                                          Decided: June 22, 2020


Before FLOYD, THACKER, and RUSHING, Circuit Judges.


Dismissed by unpublished per curiam opinion.


Arturo Mendez-Gomez, Appellant Pro Se. Kathleen Michelle Stoughton, Assistant United
States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Columbia, South
Carolina, for Appellee.


Unpublished opinions are not binding precedent in this circuit.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

       Arturo Mendez-Gomez seeks to appeal the district court’s order denying relief on

his 28 U.S.C. § 2255 (2018) 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) (2018). 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) (2018). When the district court denies relief

on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists

could find the district court’s assessment of the constitutional claims 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 Mendez-Gomez 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




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