Filed: Jun. 19, 2020
Latest Update: Sep. 22, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 20-6174 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. GEORGE CHARLES KALIVRETENOS, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Anthony John Trenga, District Judge. (1:15-cr-00073-AJT-1; 1:19-cv-01552- AJT) Submitted: June 16, 2020 Decided: June 19, 2020 Before MOTZ and KING, Circuit Judges, and SHEDD, Senior Circuit Judge. Dismissed by unpublishe
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 20-6174 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. GEORGE CHARLES KALIVRETENOS, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Anthony John Trenga, District Judge. (1:15-cr-00073-AJT-1; 1:19-cv-01552- AJT) Submitted: June 16, 2020 Decided: June 19, 2020 Before MOTZ and KING, Circuit Judges, and SHEDD, Senior Circuit Judge. Dismissed by unpublished..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 20-6174
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
GEORGE CHARLES KALIVRETENOS,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of Virginia, at
Alexandria. Anthony John Trenga, District Judge. (1:15-cr-00073-AJT-1; 1:19-cv-01552-
AJT)
Submitted: June 16, 2020 Decided: June 19, 2020
Before MOTZ and KING, Circuit Judges, and SHEDD, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
George Charles Kalivretenos, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
George Charles Kalivretenos seeks to appeal the district court’s order dismissing as
untimely his 28 U.S.C. § 2255 (2018) motion. See Whiteside v. United States,
775 F.3d
180, 182-83 (4th Cir. 2014) (en banc) (explaining that § 2255 motions are subject to one-
year statute of limitations, running from latest of four commencement dates enumerated in
28 U.S.C. § 2255(f)). The order is not appealable unless a circuit justice or judge issues a
certificate of appealability. 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, as here, 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 Kalivretenos 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