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  • United States v. Medrano, 4th Cir. (2003)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Eduardo Medrano, who sought to appeal the district court's denial of his motion seeking relief under 28 U.S.C. § 2255. The Fourth Circuit finds that Medrano did not make the requisite showing to obtain a certificate of appealability, as he did not demonstrate that reasonable jurists would find it debatable whether his petition stated a valid constitutional claim or whether the district court's procedural ruling was correct. Therefore, the Fourth Circuit denies a certificate of appealability and dismisses the appeal.

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    Filed: 2003-01-06 Precedential Status: Non-Precedential Docket: 02-7502

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Eduardo Medrano, who sought to appeal the district court's denial of his motion seeking relief under 28 U.S.C. § 2255. The Fourth Circuit finds that Medrano did not make the requisite showing to obtain a certificate of appealability, as he did not demonstrate that reasonable jurists would find it debatable whether his petition stated a valid constitutional claim or whether the district court's procedural ruling was correct. Therefore, the Fourth Circuit denies a certificate of appealability and dismisses the appeal.

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    Public Domain
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    2 views2 pages

    United States v. Medrano, 4th Cir. (2003)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Eduardo Medrano, who sought to appeal the district court's denial of his motion seeking relief under 28 U.S.C. § 2255. The Fourth Circuit finds that Medrano did not make the requisite showing to obtain a certificate of appealability, as he did not demonstrate that reasonable jurists would find it debatable whether his petition stated a valid constitutional claim or whether the district court's procedural ruling was correct. Therefore, the Fourth Circuit denies a certificate of appealability and dismisses the appeal.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 02-7502

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    EDUARDO MEDRANO, a/k/a Benny Hernandez, a/k/a
    Edward
    Alexis
    Medrano,
    a/k/a
    Bienvenido
    Herrera,
    Defendant - Appellant.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Newport News. Raymond A. Jackson, District
    Judge. (CR-97-26, CA-02-50-4)

    Submitted:

    December 19, 2002

    Decided:

    January 6, 2003

    Before WILKINS and KING, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.

    Eduardo Medrano, Appellant Pro Se. Robert Edward Brandenham, II,


    OFFICE OF THE UNITED STATES ATTORNEY, Norfolk, Virginia, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Eduardo Medrano seeks to appeal the district courts order
    denying relief on his motion filed under 28 U.S.C. 2255 (2000).
    An appeal may not be taken from a final order denying relief under
    this section unless a circuit justice or judge issues a certificate
    of appealability.

    28 U.S.C. 2253(c)(1) (2000).

    When, as here,

    a district court dismisses a 2255 motion solely on procedural


    grounds, a certificate of appealability will not issue unless the
    movant can demonstrate both (1) that jurists of reason would find
    it debatable whether the petition states a valid claim of the
    denial of a constitutional right and (2) that jurists of reason
    would find it debatable whether the district court was correct in
    its procedural ruling.

    Rose v. Lee, 252 F.3d 676, 684 (4th Cir.

    2001) (quoting Slack v. McDaniel, 529 U.S. 473 (2000)), cert.


    denied, 122 S. Ct. 318 (2001).

    We have reviewed the record and

    conclude for the reasons stated by the district court that Medrano
    has not made the requisite showing. United States v. Medrano, Nos.
    CR-97-26; CA-02-50-4 (E.D. Va. filed Sept. 17, 2002; entered Sept.
    18, 2002). Accordingly, we deny a certificate of appealability and
    dismiss the appeal.
    facts

    and

    materials

    legal
    before

    We dispense with oral argument because the

    contentions
    the

    court

    are

    adequately

    and

    argument

    presented

    would

    not

    in

    the

    aid

    the

    decisional process.
    DISMISSED

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