United States v. Fiorani , 269 F. App'x 241 ( 2008 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-7426
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ROSARIO A. FIORANI, JR.,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. James C. Cacheris, Senior
District Judge. (1:98-cr-00340-JCC)
Submitted: February 28, 2008 Decided: March 6, 2008
Before WILKINSON, NIEMEYER, and MICHAEL, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Rosario A. Fiorani, Jr., Appellant Pro Se. G. David Hackney,
Assistant United States Attorney, Alexandria, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Rosario A. Fiorani, Jr., seeks to appeal the district
court’s order construing his “Motion for Reversal of
Unconstitutional Conviction on Supreme Court’s Ruling in re:
Gonzalez-Lopez and Ineffective Assistance of Counsel and Violations
of Sixth Amendment Rights” as a 28 U.S.C. § 2255 (2000) motion or,
alternatively, as a petition for writ of coram nobis, and denying
relief. The order is not appealable unless a circuit justice or
judge issues a certificate of appealability. 28 U.S.C.
§ 2253(c)(1) (2000). 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) (2000). 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 Fiorani 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
*
To the extent the district court construed Fiorani’s motion
as a petition for writ of coram nobis, we find no reversible error
and affirm the denial of relief.
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presented in the materials before the court and argument would not
aid the decisional process.
DISMISSED
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