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  • United States v. Alejandro Zavala-Lopez, 4th Cir. (2013)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding Alejandro Zavala-Lopez's appeal of the district court's denial of his 28 U.S.C.A. § 2255 motion. The appellate court dismissed the appeal, finding that Zavala-Lopez did not make a substantial showing that he was denied a constitutional right. Specifically, the court determined that Zavala-Lopez did not demonstrate that the district court's assessment of his constitutional claims was debatable or wrong, or that the dispositive procedural ruling was debatable and his motion stated a debatable claim of denial of a constitutional right.

    Original Description:

    Filed: 2013-07-29 Precedential Status: Non-Precedential Docket: 13-6461

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding Alejandro Zavala-Lopez's appeal of the district court's denial of his 28 U.S.C.A. § 2255 motion. The appellate court dismissed the appeal, finding that Zavala-Lopez did not make a substantial showing that he was denied a constitutional right. Specifically, the court determined that Zavala-Lopez did not demonstrate that the district court's assessment of his constitutional claims was debatable or wrong, or that the dispositive procedural ruling was debatable and his motion stated a debatable claim of denial of a constitutional right.

    Copyright:

    Public Domain
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    3 views3 pages

    United States v. Alejandro Zavala-Lopez, 4th Cir. (2013)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding Alejandro Zavala-Lopez's appeal of the district court's denial of his 28 U.S.C.A. § 2255 motion. The appellate court dismissed the appeal, finding that Zavala-Lopez did not make a substantial showing that he was denied a constitutional right. Specifically, the court determined that Zavala-Lopez did not demonstrate that the district court's assessment of his constitutional claims was debatable or wrong, or that the dispositive procedural ruling was debatable and his motion stated a debatable claim of denial of a constitutional right.

    Copyright:

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 13-6461

    UNITED STATES OF AMERICA,


    Plaintiff Appellee,
    v.
    ALEJANDRO ZAVALA-LOPEZ, a/k/a Alejandro Zavala,
    Defendant - Appellant.

    Appeal from the United States District Court for the District of
    South Carolina, at Columbia.
    Cameron McGowan Currie, District
    Judge. (3:09-cr-00390-CMC-8; 3:12-cv-03537-CMC)

    Submitted:

    July 25, 2013

    Decided: July 29, 2013

    Before GREGORY, DAVIS, and THACKER, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Alejandro Zavala-Lopez, Appellant Pro Se. Robert Claude Jendron,


    Jr., Mark C. Moore, Assistant United States Attorneys, Columbia,
    South Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Alejandro

    Zavala-Lopez

    seeks

    to

    appeal

    the

    district

    courts order denying relief on his 28 U.S.C.A. 2255 (West


    Supp.

    2013)

    motion.

    The

    order

    is

    not

    appealable

    unless

    circuit justice or judge issues a certificate of appealability.


    28

    U.S.C.

    2253(c)(1)(B)

    (2006).

    certificate

    of

    appealability will not issue absent a substantial showing of


    the denial of a constitutional right.
    (2006).

    28 U.S.C. 2253(c)(2)

    When the district court denies relief on the merits, a

    prisoner

    satisfies

    this

    jurists

    would

    reasonable

    standard
    find

    by

    that

    demonstrating

    the

    district

    that

    courts

    assessment of the constitutional claims is debatable or wrong.


    Slack v. McDaniel, 529 U.S. 473, 484 (2000); see Miller-El v.
    Cockrell, 537 U.S. 322, 336-38 (2003).
    denies

    relief

    demonstrate

    on

    both

    procedural

    that

    the

    When the district court

    grounds,

    dispositive

    the

    prisoner

    procedural

    ruling

    must
    is

    debatable, and that the motion states a debatable claim of the


    denial of a constitutional right.

    Slack, 529 U.S. at 484-85.

    We have independently reviewed the record and conclude


    that

    Zavala-Lopez

    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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