UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 05-6258

UNITED STATES OF AMERICA,

Plaintiff- Appellee,

versus

FRANCISZEK PIOTR CETERA,

Defendant - Appellant.

No. 05-6429

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

FRANCISZEK PIOTR CETERA,

Defendant - Appellant.

Appeals from the United States District Court for the Eastern District of North Carolina, at Wilmington. James C. Fox, Senior District Judge. (CA-04-239-F; CR-02-2; CR-02-2-1)

Submitted: November 17, 2005 Decided: November 23, 2005

Before WILKINSON, LUTTIG, and WILLIAMS, Circuit Judges. Dismissed by unpublished per curiam opinion.

Franciszek Piotr Cetera, Appellant Pro Se. Ethan Ainsworth Ontjes, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

- 2 - PER CURIAM:

Franciszek Piotr Cetera seeks to appeal the district

court’s orders denying relief on his

(2000) motion

and denying reconsideration. The orders are 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 both that the district court’s assessment of the

constitutional claims is debatable or wrong and that any

dispositive procedural rulings by the district court are also

debatable or wrong. Miller-El v. Cockrell,

(2003); Slack v. McDaniel,

(2000); Rose v. Lee,

(4th Cir. 2001). We have independently

reviewed the record and conclude that Cetera has not made the

requisite showing. Accordingly, we deny Cetera’s motions to

expedite the appeal as moot, 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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