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  • United States v. Luis Mangual, 4th Cir. (2015)

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    The United States Court of Appeals for the Fourth Circuit dismissed Luis Felipe Mangual, Jr.'s appeal of the district court's denial of his 28 U.S.C. § 2255 motion for post-conviction relief. The court issued an unpublished opinion that a certificate of appealability is required to appeal the denial of a § 2255 motion. The court independently reviewed the record and determined that Mangual failed to make a substantial showing of the denial of a constitutional right, as required for a certificate of appealability. Therefore, the court denied the certificate of appealability, denied leave to proceed in forma pauperis, and dismissed the appeal.

    Original Description:

    Filed: 2015-01-21 Precedential Status: Non-Precedential Docket: 14-7539

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    The United States Court of Appeals for the Fourth Circuit dismissed Luis Felipe Mangual, Jr.'s appeal of the district court's denial of his 28 U.S.C. § 2255 motion for post-conviction relief. The court issued an unpublished opinion that a certificate of appealability is required to appeal the denial of a § 2255 motion. The court independently reviewed the record and determined that Mangual failed to make a substantial showing of the denial of a constitutional right, as required for a certificate of appealability. Therefore, the court denied the certificate of appealability, denied leave to proceed in forma pauperis, and dismissed the appeal.

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    6 views3 pages

    United States v. Luis Mangual, 4th Cir. (2015)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Luis Felipe Mangual, Jr.'s appeal of the district court's denial of his 28 U.S.C. § 2255 motion for post-conviction relief. The court issued an unpublished opinion that a certificate of appealability is required to appeal the denial of a § 2255 motion. The court independently reviewed the record and determined that Mangual failed to make a substantial showing of the denial of a constitutional right, as required for a certificate of appealability. Therefore, the court denied the certificate of appealability, denied leave to proceed in forma pauperis, and dismissed the appeal.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 14-7539

    UNITED STATES OF AMERICA,


    Plaintiff Appellee,
    v.
    LUIS FELIPE MANGUAL, JR., a/k/a Darin Harris,
    Defendant - Appellant.

    Appeal from the United States District Court for the District of
    Maryland, at Greenbelt. Roger W. Titus, Senior District Judge.
    (8:04-cr-00235-RWT-2; 8:14-cv-02119-RWT)

    Submitted:

    January 15, 2015

    Decided:

    January 21, 2015

    Before WILKINSON and NIEMEYER, Circuit Judges, and DAVIS, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.

    Luis Felipe Mangual, Jr., Appellant Pro Se. Adam Kenneth Ake,
    OFFICE OF THE UNITED STATES ATTORNEY, Mara Zusman Greenberg,
    Deborah
    A.
    Johnston,
    Assistant
    United
    States
    Attorneys,
    Greenbelt, Maryland, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Luis Felipe Mangual, Jr. seeks to appeal the district
    courts
    motion.
    judge

    order

    denying

    on

    his

    28

    U.S.C.

    2255

    (2012)

    The order is not appealable unless a circuit justice or


    issues

    certificate

    2253(c)(1)(B) (2012).
    issue

    relief

    absent

    of

    28

    U.S.C.

    A certificate of appealability will not

    substantial

    constitutional right.

    appealability.

    showing

    of

    the

    denial

    28 U.S.C. 2253(c)(2) (2012).

    of

    When the

    district court denies relief on the merits, a prisoner satisfies


    this

    standard

    by

    demonstrating

    that

    reasonable

    jurists

    would

    find that the district courts assessment of the constitutional


    claims is debatable or wrong.

    Slack v. McDaniel, 529 U.S. 473,

    484

    Cockrell,

    (2000);

    (2003).

    see

    Miller-El

    v.

    537

    U.S.

    322,

    336-38

    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 a
    debatable claim of the denial of a constitutional right.

    Slack,

    529 U.S. at 484-85.


    We have independently reviewed the record and conclude
    that Mangual has not made the requisite showing.

    Accordingly,

    we deny a certificate of appealability, deny leave to proceed in


    forma pauperis, 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

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