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UNITED STATES v. SANTOS (2021)

United States Court of Appeals, Fourth Circuit.2021-04-27No. No. 20-7764

Summary

Holding. The appeal is dismissed because Santos failed to make the necessary showing to obtain a certificate of appealability.

Oscar Roberto Santos filed a motion under 28 U.S.C. § 2255 seeking to challenge his conviction, and the district court denied relief. To appeal that denial, Santos needed to obtain a certificate of appealability by demonstrating that reasonable jurists could find the district court's decision debatable or wrong, or by showing both that a procedural ruling was debatable and that he raised a debatable constitutional claim. The appellate court independently examined the record and determined that Santos had not satisfied this threshold requirement.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Certificate of appealability standard for § 2255 motions
  • Substantial showing of denial of constitutional right
  • Whether appellate review of district court's denial was warranted

Procedural posture

Santos appealed the district court's denial of his § 2255 motion seeking post-conviction relief.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

Oscar Roberto Santos seeks to appeal the district courts order denying relief on his 28 U.S.C. § 2255 motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. See 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). When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists could find the district courts assessment of the constitutional claims debatable or wrong. See Buck v. Davis, ––– U.S. ––––, 137 S. Ct. 759, 773-74, 197 L.Ed.2d 1 (2017). 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. Gonzalez v. Thaler, 565 U.S. 134, 140-41, 132 S.Ct. 641, 181 L.Ed.2d 619 (2012) (citing Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000)).

We have independently reviewed the record and conclude that Santos 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 this court and argument would not aid the decisional process.

DISMISSED

PER CURIAM:

Dismissed by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.