US v. Bokel, No. 07-6581 (4th Cir. 2007)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-6581 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus WEILY L. BOKEL, Defendant - Appellant. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Norman K. Moon, District Judge. (6:04-cr-70018-nkm; 7:06-cv-00639-nkm) Submitted: August 30, 2007 Decided: September 7, 2007 Before MICHAEL, KING, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam opinion. Weily L. Bokel, Appellant Pro Se. Craig Jon Jacobsen, Assistant United States Attorney, Roanoke, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Weily L. Bokel seeks to appeal the district court s order denying relief on her 28 U.S.C. § 2255 (2000) motion. not appealable unless a circuit issues a 28 U.S.C. § 2253(c)(1) (2000). certificate of appealability. justice or The order is judge A certificate of appealability will not issue absent a substantial showing of the denial of a constitutional right. § 2253(c)(2) demonstrating (2000). that A prisoner reasonable satisfies jurists would this 28 U.S.C. standard find that by any assessment of the constitutional claims by the district court is debatable or wrong and that any dispositive procedural ruling by the district court is likewise debatable. Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). We have independently reviewed the record and conclude that Bokel 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 - 2 -

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