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  • United States v. Estrada-Hernandez, 4th Cir. (2006)

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    This document summarizes a United States Court of Appeals case in which Remedio Estrada-Hernandez sought to appeal the district court's denial of relief on his 28 U.S.C. § 2255 motion. The appellate court independently reviewed the record and determined that Estrada-Hernandez did not make the requisite showing to warrant a certificate of appealability. As such, the court dismissed the appeal without oral argument.

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    Filed: 2006-07-28 Precedential Status: Non-Precedential Docket: 06-6724

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    This document summarizes a United States Court of Appeals case in which Remedio Estrada-Hernandez sought to appeal the district court's denial of relief on his 28 U.S.C. § 2255 motion. The appellate court independently reviewed the record and determined that Estrada-Hernandez did not make the requisite showing to warrant a certificate of appealability. As such, the court dismissed the appeal without oral argument.

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    United States v. Estrada-Hernandez, 4th Cir. (2006)

    Uploaded by

    Scribd Government Docs
    This document summarizes a United States Court of Appeals case in which Remedio Estrada-Hernandez sought to appeal the district court's denial of relief on his 28 U.S.C. § 2255 motion. The appellate court independently reviewed the record and determined that Estrada-Hernandez did not make the requisite showing to warrant a certificate of appealability. As such, the court dismissed the appeal without oral argument.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 06-6724

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    REMEDIO ESTRADA-HERNANDEZ,
    Defendant - Appellant.

    Appeal from the United States District Court for the Middle
    District of North Carolina, at Durham.
    James A. Beaty, Jr.,
    District Judge. (1:01-cr-00245-JAB; 1:05-cv-00514-JAB)

    Submitted: July 20, 2006

    Decided: July 28, 2006

    Before WIDENER and WILKINSON, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.

    Remedio Estrada-Hernandez, Appellant Pro Se.


    Angela Hewlett
    Miller, OFFICE OF THE UNITED STATES ATTORNEY, Greensboro, North
    Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Remedio Estrada-Hernandez seeks to appeal the district
    courts

    judgment

    adopting

    the

    magistrate

    judges

    report

    and

    recommendation and denying relief on his 28 U.S.C. 2255 (2000)


    motion.
    judge

    The order is not appealable unless a circuit justice or


    issues

    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).
    independently

    reviewed

    the

    record

    and

    conclude

    that

    We have
    Estrada-

    Hernandez 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 -

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