United States v. Gasca , 334 F. App'x 551 ( 2009 )


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  •                               UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 09-7547
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    v.
    ENRIQUE NAJERA GASCA, a/k/a Enrique Najera, a/k/a El Morro,
    a/k/a El Bolis,
    Defendant - Appellant.
    Appeal from the United States District Court for the District of
    Maryland, at Baltimore.       Andre M. Davis, District Judge.
    (1:06-cr-00542-AMD-5; 1:09-cv-01373-AMD)
    Submitted:    October 15, 2009              Decided:   October 22, 2009
    Before SHEDD, DUNCAN, and AGEE, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Enrique Najera Gasca, Appellant Pro Se. Kwame Jangha Manley,
    Assistant United States Attorney, Baltimore, Maryland, for
    Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Enrique    Najera       Gasca       seeks    to    appeal   the     district
    court’s order denying relief on his 
    28 U.S.C.A. § 2255
     (West
    Supp.    2009)    motion.        The     order       is    not    appealable      unless     a
    circuit justice or judge issues a certificate of appealability.
    
    28 U.S.C. § 2253
    (c)(1) (2006).                     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)      (2006).         A
    prisoner       satisfies        this        standard        by    demonstrating           that
    reasonable       jurists      would     find       that     any     assessment       of     the
    constitutional         claims    by    the     district      court    is   debatable         or
    wrong and that any dispositive procedural ruling by the district
    court is likewise debatable.                   Miller-El v. Cockrell, 
    537 U.S. 322
    , 336-38 (2003); Slack v. McDaniel, 
    529 U.S. 473
    , 484 (2000);
    Rose v. Lee, 
    252 F.3d 676
    , 683-84 (4th Cir. 2001).                                 We have
    independently reviewed the record and conclude that Gasca 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 the
    court and argument would not aid the decisional process.
    DISMISSED
    2
    

Document Info

Docket Number: 09-7547

Citation Numbers: 334 F. App'x 551

Filed Date: 10/22/2009

Precedential Status: Non-Precedential

Modified Date: 4/18/2021