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  • United States v. Rivera, 4th Cir. (2008)

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    This document summarizes a United States Court of Appeals case in which Denis Rivera sought to appeal the district court's denial of his 28 U.S.C. § 2255 motion. The appeals court dismissed the appeal, finding that Rivera did not make the requisite showing to receive a certificate of appealability, which is required to appeal the denial of a § 2255 motion. Specifically, the appeals court found that Rivera did not demonstrate that reasonable jurists would find the district court's assessment of Rivera's constitutional claims debatable or wrong.

    Original Description:

    Filed: 2008-02-22 Precedential Status: Non-Precedential Docket: 07-7081

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    This document summarizes a United States Court of Appeals case in which Denis Rivera sought to appeal the district court's denial of his 28 U.S.C. § 2255 motion. The appeals court dismissed the appeal, finding that Rivera did not make the requisite showing to receive a certificate of appealability, which is required to appeal the denial of a § 2255 motion. Specifically, the appeals court found that Rivera did not demonstrate that reasonable jurists would find the district court's assessment of Rivera's constitutional claims debatable or wrong.

    Copyright:

    Public Domain
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    6 views2 pages

    United States v. Rivera, 4th Cir. (2008)

    Uploaded by

    Scribd Government Docs
    This document summarizes a United States Court of Appeals case in which Denis Rivera sought to appeal the district court's denial of his 28 U.S.C. § 2255 motion. The appeals court dismissed the appeal, finding that Rivera did not make the requisite showing to receive a certificate of appealability, which is required to appeal the denial of a § 2255 motion. Specifically, the appeals court found that Rivera did not demonstrate that reasonable jurists would find the district court's assessment of Rivera's constitutional claims debatable or wrong.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 07-7081

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    DENIS RIVERA, a/k/a Conejo,
    Defendant - Appellant.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Alexandria.
    T. S. Ellis, III, Senior
    District Judge. (1:02-cr-00376-TSE; 1:06-cv-01133-TSE)

    Submitted:

    January 29, 2008

    Decided:

    February 22, 2008

    Before KING and DUNCAN, Circuit Judges, and WILKINS, Senior Circuit
    Judge.

    Dismissed by unpublished per curiam opinion.

    Jerome Patrick Aquino, Alexandria, Virginia, for Appellant.


    Michael Edward Rich, OFFICE OF THE UNITED STATES ATTORNEY,
    Alexandria, Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Denis Rivera seeks to appeal the district courts order
    denying relief on his 28 U.S.C. 2255 (2000) motion.
    not

    appealable

    unless

    circuit

    certificate of appealability.

    justice

    or

    The order is

    judge

    issues

    28 U.S.C. 2253(c)(1) (2000).

    certificate of appealability will not issue absent a substantial


    showing of the denial of a constitutional right.

    2253(c)(2)

    demonstrating

    (2000).
    that

    prisoner

    reasonable

    satisfies

    jurists

    would

    this

    28 U.S.C.
    standard

    find

    that

    by
    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 Rivera 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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