United States v. Jorge Sosa ( 2023 )

USCA4 Appeal: 22-7294 Doc: 6 Filed: 03/24/2023 Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 22-7294
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JORGE SOSA, a/k/a Koki, a/k/a Loco,
Defendant - Appellant.
Appeal from the United States District Court for the Western District of North Carolina, at
Charlotte. Robert J. Conrad, Jr., District Judge. (3:15-cr-00121-RJC-DSC-29; 3:22-cv-
00559-RJC)
Submitted: March 21, 2023 Decided: March 24, 2023
Before WYNN and RICHARDSON, Circuit Judges, and KEENAN, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Jorge Sosa, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
USCA4 Appeal: 22-7294 Doc: 6 Filed: 03/24/2023 Pg: 2 of 2
PER CURIAM:
Jorge Sosa seeks to appeal the district court’s order dismissing his 28 U.S.C. § 2255motion as successive and unauthorized. The order is not appealable unless a circuit justice
or judge issues a certificate of appealability. See 28 U.S.C. § 2253(c)(1)(B). 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). When, as here, 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.
Gonzalez v. Thaler, 565 U.S. 134, 140-41 (2012) (citing Slack v. McDaniel, 529 U.S. 473,
484 (2000)).
We have independently reviewed the record and conclude that Sosa 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 this court and argument would not aid the
decisional process.
DISMISSED
2