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    United States v. Roberto DeLeon, 4th Cir. (2016)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding Roberto E. DeLeon's appeal of the district court's denial of his 28 U.S.C. § 2255 motion. The panel of three judges dismissed the appeal, finding that DeLeon did not make the requisite showing to obtain a certificate of appealability. Specifically, he did not demonstrate that reasonable jurists would debate the district court's assessment of his constitutional claims or that the issues presented deserve encouragement to proceed further.

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    United States v. Roberto DeLeon, 4th Cir. (2016)

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    14 views3 pages
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding Roberto E. DeLeon's appeal of the district court's denial of his 28 U.S.C. § 2255 motion. The panel of three judges dismissed the appeal, finding that DeLeon did not make the requisite showing to obtain a certificate of appealability. Specifically, he did not demonstrate that reasonable jurists would debate the district court's assessment of his constitutional claims or that the issues presented deserve encouragement to proceed further.

    Original Description:

    Filed: 2016-04-06 Precedential Status: Non-Precedential Docket: 15-7887

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding Roberto E. DeLeon's appeal of the district court's denial of his 28 U.S.C. § 2255 motion. The panel of three judges dismissed the appeal, finding that DeLeon did not make the requisite showing to obtain a certificate of appealability. Specifically, he did not demonstrate that reasonable jurists would debate the district court's assessment of his constitutional claims or that the issues presented deserve encouragement to proceed further.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    14 views3 pages

    United States v. Roberto DeLeon, 4th Cir. (2016)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding Roberto E. DeLeon's appeal of the district court's denial of his 28 U.S.C. § 2255 motion. The panel of three judges dismissed the appeal, finding that DeLeon did not make the requisite showing to obtain a certificate of appealability. Specifically, he did not demonstrate that reasonable jurists would debate the district court's assessment of his constitutional claims or that the issues presented deserve encouragement to proceed further.

    Copyright:

    Public Domain
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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 15-7887

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    ROBERTO E. DELEON,
    Defendant - Appellant.

    Appeal from the United States District Court for the District of
    Maryland, at Baltimore.
    Richard D. Bennett, District Judge.
    (1:09-cr-00095-RDB-1; 1:15-cv-00299-RDB)

    Submitted:

    March 30, 2016

    Decided:

    April 6, 2016

    Before NIEMEYER, WYNN, and DIAZ, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    C. Justin Brown, LAW OFFICE OF C. JUSTIN BROWN, Baltimore,


    Maryland, for Appellant.
    Paul E. Budlow, OFFICE OF THE UNITED
    STATES ATTORNEY, Paul Michael Cunningham, Assistant United
    States Attorney, Baltimore, Maryland, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Roberto

    E.

    DeLeon

    seeks

    to

    appeal

    the

    district

    courts

    order denying relief on his 28 U.S.C. 2255 (2012) motion.

    The

    order is not appealable unless a circuit justice or judge issues


    a

    certificate

    (2012).

    of

    appealability.

    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) (2012).
    relief on

    the

    demonstrating
    district

    merits,
    that

    courts

    debatable

    or

    When the district court denies

    prisoner

    reasonable

    assessment

    wrong.

    satisfies

    jurists

    would

    of

    the

    v.

    McDaniel,

    Slack

    this

    standard

    find

    constitutional
    529

    U.S.

    by

    that

    the

    claims

    is

    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

    claim of the denial of a constitutional right.

    debatable

    Slack, 529 U.S.

    at 484-85.
    We have independently reviewed the record and conclude that
    DeLeon has not made the requisite showing.
    a

    certificate

    dispense

    with

    of

    appealability

    oral

    argument

    and

    dismiss

    because

    Accordingly, we deny

    the

    the

    appeal.

    facts

    and

    We
    legal

    contentions

    are

    adequately

    presented

    in

    the

    materials

    before

    this court and argument would not aid the decisional process.

    DISMISSED

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