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    United States v. Castro, 4th Cir. (2005)

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    This document summarizes an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding appeals brought by Mario Ochoa Castro of the denial of his motion under 28 U.S.C. § 2255 seeking relief from his criminal convictions. The Court of Appeals independently reviewed the record and determined that Castro did not make a substantial showing that his constitutional rights were denied, as required for a certificate of appealability. Accordingly, the Court dismissed Castro's appeal.

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    United States v. Castro, 4th Cir. (2005)

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    This document summarizes an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding appeals brought by Mario Ochoa Castro of the denial of his motion under 28 U.S.C. § 2255 seeking relief from his criminal convictions. The Court of Appeals independently reviewed the record and determined that Castro did not make a substantial showing that his constitutional rights were denied, as required for a certificate of appealability. Accordingly, the Court dismissed Castro's appeal.

    Original Description:

    Filed: 2005-02-02 Precedential Status: Non-Precedential Docket: 04-7200

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    This document summarizes an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding appeals brought by Mario Ochoa Castro of the denial of his motion under 28 U.S.C. § 2255 seeking relief from his criminal convictions. The Court of Appeals independently reviewed the record and determined that Castro did not make a substantial showing that his constitutional rights were denied, as required for a certificate of appealability. Accordingly, the Court dismissed Castro's appeal.

    Copyright:

    Public Domain
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    Download as pdf
    2 views3 pages

    United States v. Castro, 4th Cir. (2005)

    Uploaded by

    Scribd Government Docs
    This document summarizes an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding appeals brought by Mario Ochoa Castro of the denial of his motion under 28 U.S.C. § 2255 seeking relief from his criminal convictions. The Court of Appeals independently reviewed the record and determined that Castro did not make a substantial showing that his constitutional rights were denied, as required for a certificate of appealability. Accordingly, the Court dismissed Castro's appeal.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 04-7200

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    MARIO OCHOA CASTRO,
    Defendant - Appellant.

    No. 04-7201

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    MARIO OCHOA CASTRO,
    Defendant - Appellant.

    Appeals from the United States District Court for the Middle
    District of North Carolina, at Durham.
    Frank W. Bullock, Jr.,
    District Judge. (CR-02-83; CR-02-48; CA-03-851-1)

    Submitted:

    January 27, 2005

    Decided:

    February 2, 2005

    Before LUTTIG and DUNCAN, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.

    Mario Ochoa Castro, Appellant Pro Se.


    Sandra Jane Hairston,
    Assistant United States Attorney, Greensboro, North Carolina, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    - 2 -

    PER CURIAM:
    Mario Ochoa Castro seeks to appeal the district courts
    order adopting the recommendation of the magistrate judge and
    denying relief on his motion filed under 28 U.S.C. 2255 (2000).
    An appeal may not be taken from the final order in a 2255
    proceeding unless a circuit justice or judge issues a certificate
    of appealability. 28 U.S.C. 2253(c)(1) (2000). A certificate of
    appealability will not issue for claims addressed by a district
    court

    absent

    substantial

    constitutional right.

    showing

    of

    the

    denial

    28 U.S.C. 2253(c)(2) (2000).

    of

    A prisoner

    satisfies this standard by demonstrating that reasonable jurists


    would find that his constitutional claims are debatable and that
    any dispositive procedural rulings by the district court are also
    debatable or wrong.

    See Miller-El v. Cockrell, 537 U.S. 322, 336

    (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee,
    252 F.3d 676, 683 (4th Cir. 2001).

    We have independently reviewed

    the record and conclude that Castro has not made the requisite
    showing.

    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

    - 3 -

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