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United States v. Jose Vanegas, 20-6490 (2020)

Court: Court of Appeals for the Fourth Circuit Number: 20-6490 Visitors: 6
Filed: Aug. 25, 2020
Latest Update: Sep. 22, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 20-6490 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JOSE DELORES VANEGAS, a/k/a Chivito, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Anthony John Trenga, District Judge. (1:12-cr-00255-AJT-6; 1:16-cv-01291- AJT) Submitted: August 20, 2020 Decided: August 25, 2020 Before GREGORY, Chief Judge, WYNN, and QUATTLEBAUM, Circuit Judges. Dismissed by u
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                                    UNPUBLISHED

                       UNITED STATES COURT OF APPEALS
                           FOR THE FOURTH CIRCUIT


                                      No. 20-6490


UNITED STATES OF AMERICA,

                    Plaintiff - Appellee,

             v.

JOSE DELORES VANEGAS, a/k/a Chivito,

                    Defendant - Appellant.



Appeal from the United States District Court for the Eastern District of Virginia, at
Alexandria. Anthony John Trenga, District Judge. (1:12-cr-00255-AJT-6; 1:16-cv-01291-
AJT)


Submitted: August 20, 2020                                        Decided: August 25, 2020


Before GREGORY, Chief Judge, WYNN, and QUATTLEBAUM, Circuit Judges.


Dismissed by unpublished per curiam opinion.


Jose Delores Vanegas, Appellant Pro Se. Marc Birnbaum, Special 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Unpublished opinions are not binding precedent in this circuit.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:

       Jose Delores Vanegas seeks to appeal the district court’s order denying relief on his

28 U.S.C. § 2255 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). 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). 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 Vanegas 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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