U.S. Court of Appeals for the Fourth Circuit, 2008

United States v. Fiorani

United States v. Fiorani
U.S. Court of Appeals for the Fourth Circuit · Decided March 6, 2008 · Wilkinson, Niemeyer, Michael
269 F. App'x 241

United States v. Fiorani

Opinion

PER CURIAM:

Rosario A. Fiorani, Jr., seeks to appeal the district court’s order construing his “Motion for Reversal of Unconstitutional Conviction on Supreme Court’s Ruling In re: Gonzalez-Lopez and Ineffective Assistance of Counsel and Violations of Sixth Amendment Rights” as a 28 U.S.C. § 2255 (2000) motion or, alternatively, as a petition for writ of coram nobis, and denying relief. The order is not appeal-able unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2258(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 reasonable jurists would find that any assessment of the constitutional claims by the district court is debatable or wrong and that any dis-positive procedural ruling by the district court is likewise debatable. Miller-El v. Cockrell, 537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003); Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). We have independently reviewed the record and conclude that Fiorani 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.

*

To the extent the district court construed Fiorani’s motion as a petition for writ of coram nobis, we find no reversible error and affirm the denial of relief.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.