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    United States v. Perez-Garcia, 4th Cir. (2007)

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    This document summarizes a United States Court of Appeals case. David Perez-Garcia sought to appeal the district court's denial of relief on his 28 U.S.C. § 2255 motion. The appeals court will not issue a certificate of appealability absent a substantial showing that reasonable jurists would find the district court's assessment of constitutional claims debatable or wrong or that a dispositive procedural ruling was debatable. The appeals court independently reviewed the record and concluded Perez-Garcia did not make the requisite showing, so it denied a certificate of appealability and dismissed the appeal.

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    United States v. Perez-Garcia, 4th Cir. (2007)

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    This document summarizes a United States Court of Appeals case. David Perez-Garcia sought to appeal the district court's denial of relief on his 28 U.S.C. § 2255 motion. The appeals court will not issue a certificate of appealability absent a substantial showing that reasonable jurists would find the district court's assessment of constitutional claims debatable or wrong or that a dispositive procedural ruling was debatable. The appeals court independently reviewed the record and concluded Perez-Garcia did not make the requisite showing, so it denied a certificate of appealability and dismissed the appeal.

    Original Description:

    Filed: 2007-09-19 Precedential Status: Non-Precedential Docket: 07-6891

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    This document summarizes a United States Court of Appeals case. David Perez-Garcia sought to appeal the district court's denial of relief on his 28 U.S.C. § 2255 motion. The appeals court will not issue a certificate of appealability absent a substantial showing that reasonable jurists would find the district court's assessment of constitutional claims debatable or wrong or that a dispositive procedural ruling was debatable. The appeals court independently reviewed the record and concluded Perez-Garcia did not make the requisite showing, so it denied a certificate of appealability and dismissed the appeal.

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    6 views2 pages

    United States v. Perez-Garcia, 4th Cir. (2007)

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    Scribd Government Docs
    This document summarizes a United States Court of Appeals case. David Perez-Garcia sought to appeal the district court's denial of relief on his 28 U.S.C. § 2255 motion. The appeals court will not issue a certificate of appealability absent a substantial showing that reasonable jurists would find the district court's assessment of constitutional claims debatable or wrong or that a dispositive procedural ruling was debatable. The appeals court independently reviewed the record and concluded Perez-Garcia did not make the requisite showing, so it denied a certificate of appealability and dismissed the appeal.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 07-6891

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    DAVID PEREZ-GARCIA,
    Defendant - Appellant.

    Appeal from the United States District Court for the Western
    District of North Carolina, at Charlotte. Lyle E. Strom, Senior
    District Judge. (3:01-cr-00036; 3:04-cv-00429)

    Submitted:

    September 13, 2007

    Decided:

    September 19, 2007

    Before GREGORY and DUNCAN, Circuit Judges, and WILKINS, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.

    David Perez-Garcia, Appellant Pro Se.


    Jennifer Marie Hoefling,
    OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina,
    for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    David Perez-Garcia seeks to appeal the district courts
    order denying relief on his 28 U.S.C. 2255 (2000) motion.

    The

    order is not appealable unless a circuit justice or judge issues a


    certificate of appealability.

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

    certificate of appealability will not issue absent a substantial


    showing of the denial of a constitutional right.

    2253(c)(2)

    demonstrating

    (2000).
    that

    prisoner

    reasonable

    satisfies

    jurists

    would

    this

    28 U.S.C.
    standard

    find

    that

    by
    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 Perez-Garcia


    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 the court and argument
    would not aid the decisional process.

    DISMISSED

    - 2 -

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