United States v. Israel Delgado , 491 F. App'x 423 ( 2012 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-7232
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
ISRAEL JUAREZ DELGADO, a/k/a Benito Bueno, a/k/a Benito
Valencia, a/k/a El Gordo, a/k/a Benito Valencia-Bueno,
a/k/a Beneito Bravo, a/k/a Benito Valencia-Brava,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Columbia. Joseph F. Anderson, Jr., District
Judge. (3:09-cr-00715-JFA-1; 3:11-cv-02637-JFA)
Submitted: December 13, 2012 Decided: December 21, 2012
Before MOTZ, GREGORY, and DUNCAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Israel Juarez Delgado, Appellant Pro Se. Mark C. Moore,
Assistant United States Attorney, Columbia, South Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Israel Juarez Delgado seeks to appeal the district
court’s order denying his motion to reconsider the denial of
relief on his 28 U.S.C.A. § 2255 (West Supp. 2012) motion. The
order is not appealable unless a circuit justice or judge issues
a certificate of appealability. 28 U.S.C. § 2253(c)(1)(B)
(2006). 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) (2006). When the district court denies
relief on the merits, a prisoner satisfies this standard by
demonstrating that reasonable jurists would find that the
district court’s 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).
When the district court denies relief on procedural grounds, the
prisoner must demonstrate both that the dispositive procedural
ruling 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 Delgado 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
2
contentions are adequately presented in the materials before
this court and argument would not aid the decisional process.
DISMISSED
3