United States v. Grande , 285 F. App'x 104 ( 2008 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-6829
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
OSCAR ANTONIO GRANDE, a/k/a Pantera,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Gerald Bruce Lee, District
Judge. (1:04-cr-00283-GBL-2; 1:06-cv-01022-GBL)
Submitted: July 22, 2008 Decided: July 28, 2008
Before WILKINSON, MOTZ, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Lana Marie Manitta, RICH, ROSENTHAL, MANITTA, DZUBIN & KROEGER,
LLP, Alexandria, Virginia, for Appellant. Patricia Tolliver Giles,
Ronald Leonard Walutes, Jr., Assistant United States Attorneys,
Alexandria, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Oscar Antonio Grande seeks to appeal the district court’s
orders denying relief on his 28 U.S.C. § 2255 (2000) motion. The
orders are not appealable unless a circuit justice or judge issues
a 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). We have
independently reviewed the record and conclude that Grande has not
made the requisite showing. Accordingly, we deny Grande’s motion
for 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
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