UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-7203
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
CARLOS HECTOR RUELAS,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. T. S. Ellis, III, Senior
District Judge. (1:05-cr-00442-TSE-3)
Submitted: January 7, 2008 Decided: January 18, 2008
Before NIEMEYER, SHEDD, and DUNCAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Sol Zalel Rosen, Washington, D.C., for Appellant. John C. Lynch,
OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Carlos Hector Ruelas, a federal prisoner, seeks to appeal
the district court’s order granting in part and denying in part his
motion to vacate, set aside, or correct his sentence pursuant to 28
U.S.C. § 2255 (2000). The district court granted relief under
United States v. Peak, 992 F.2d 39 (4th Cir. 1993), on Ruelas’
claim that counsel failed to file a notice of appeal from the
criminal judgment after being directed to do so, vacated the
criminal judgment, and reinstated the judgment to afford Ruelas an
opportunity to file a direct appeal.* The district court denied
Ruelas’ remaining claims. Ruelas’ direct appeal is currently
pending before this court. Because the sentencing claims on which
the district court denied § 2255 relief may be raised in the
reinstated direct appeal, 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
*
Ruelas does not challenge on appeal the district court’s
grant of relief under Peak.
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