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  • United States v. Reyes, 4th Cir. (2007)

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    This document summarizes a United States Court of Appeals case. Alejandro Reyes appealed the district court's denial of several claims in his 28 U.S.C. § 2255 motion. The appeals court will not hear an appeal of such an order unless it issues a certificate of appealability. After reviewing the case, the appeals court determined that Reyes did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. Therefore, the appeals court denied the certificate of appealability and dismissed the appeal.

    Original Description:

    Filed: 2007-03-02 Precedential Status: Non-Precedential Docket: 05-7562

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    This document summarizes a United States Court of Appeals case. Alejandro Reyes appealed the district court's denial of several claims in his 28 U.S.C. § 2255 motion. The appeals court will not hear an appeal of such an order unless it issues a certificate of appealability. After reviewing the case, the appeals court determined that Reyes did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. Therefore, the appeals court denied the certificate of appealability and dismissed the appeal.

    Copyright:

    Public Domain
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    5 views2 pages

    United States v. Reyes, 4th Cir. (2007)

    Uploaded by

    Scribd Government Docs
    This document summarizes a United States Court of Appeals case. Alejandro Reyes appealed the district court's denial of several claims in his 28 U.S.C. § 2255 motion. The appeals court will not hear an appeal of such an order unless it issues a certificate of appealability. After reviewing the case, the appeals court determined that Reyes did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. Therefore, the appeals court denied the certificate of appealability and dismissed the appeal.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 05-7562

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    ALEJANDRO REYES,
    Defendant - Appellant.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Richmond.
    James R. Spencer, Chief
    District Judge. (CR-03-195; CA-04-914-JRS)

    Submitted:

    January 31, 2007

    Decided:

    March 2, 2007

    Before MOTZ, GREGORY, and SHEDD, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Alejandro Reyes, Appellant Pro Se. N. George Metcalf, Assistant


    United States Attorney, Richmond, Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Alejandro Reyes seeks to appeal the district courts
    order filed September 6, 2005, which denied relief on several
    claims raised in 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 Reyes 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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