United States of America v. Florencio Apreza-Guerrero, a/k/a Florencio Antonio Hernandez, a/k/a Flaco

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 20-6846
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
FLORENCIO APREZA-GUERRERO, a/k/a Florencio Antonio Hernandez, a/k/a
Flaco,
Defendant - Appellant.
Appeal from the United States District Court for the Western District of North Carolina, at
Charlotte. Frank D. Whitney, District Judge. (3:17-cr-00066-FDW-DSC-1; 3:20-cv-
00067-FDW)
Submitted: October 29, 2021 Decided: November 16, 2021
Before WYNN and DIAZ, Circuit Judges, and KEENAN, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Florencio Apreza-Guerrero, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Florencio Apreza-Guerrero seeks to appeal the district court’s 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 court’s assessment of the constitutional claims debatable or wrong. See Buck v.
Davis, 137 S. Ct. 759, 773-74 (2017).
We have independently reviewed the record and conclude that Apreza-Guerrero 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

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