UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 04-7296

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

CESAR GARCIA CAZUN,

Defendant - Appellant.

Appeal from the United States District Court for the District of Maryland, at Baltimore. Peter J. Messitte, District Judge. (CR- 99-93-PJM; CA-03-2247-PJM)

Submitted: February 24, 2005 Decided: March 4, 2005

Before NIEMEYER, WILLIAMS, and KING, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Cesar Garcia Cazun, Appellant Pro Se. Donna Carol Sanger, David Naimon, OFFICE OF THE UNITED STATES ATTORNEY, Greenbelt, Maryland, for Appellant.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Cesar Garcia Cazun, a federal prisoner, seeks to appeal

the district court’s order denying relief on his motion filed under

(2000). The order is not appealable unless a

circuit justice or judge issues a certificate of appealability.

(c)(1) (2000). A certificate of appealability will

not issue absent “a substantial showing of the denial of a

constitutional right.”

(c)(2) (2000). A prisoner

satisfies this standard by demonstrating that reasonable jurists

would find that the district court’s assessment of his

constitutional claims is debatable and that any dispositive

procedural rulings by the district court are also debatable or

wrong. See Miller-El v. Cockrell,

(2003);

Slack v. McDaniel,

(2000); Rose v. Lee,

(4th Cir. 2001). We have independently reviewed the

record and conclude that Cazun 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 the

court and argument would not aid the decisional process.

DISMISSED

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