UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-7238
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
ANA LILIA GAMBOA-FELIX,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Henry Coke Morgan, Jr., District
Judge. (CR-99-23; CA-02-725-2)
Submitted: July 21, 2004 Decided: August 5, 2004
Before WILLIAMS and KING, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Mark Francis Fleming, OFFICE OF THE FEDERAL PUBLIC DEFENDER, San
Diego, California, for Appellant. Robert Joseph Seidel, Jr.,
Assistant United States Attorney, Norfolk Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Ana Lilia Gamboa-Felix appeals from the denial of her 28
U.S.C. § 2255 (2000) motion to vacate her sentence. An appeal may
not be taken to this court 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 absent “a substantial showing of the
denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2000).
A prisoner satisfies this standard by demonstrating that jurists of
reason would find that her 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 reviewed the record and conclude that
Gamboa-Felix has not made the requisite showing. We therefore 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
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