US v. Theresa Squillacote, No. 08-7020 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-7020 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. THERESA MARIE SQUILLACOTE, a/k/a Tina, a/k/a Mary Teresa Miller, a/k/a The Swan, a/k/a Margaret, a/k/a Margit, a/k/a Margret, a/k/a Margrit, a/k/a Lisa Martin, a/k/a Resi, a/k/a Anne, a/k/a Schwan, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Claude M. Hilton, Senior District Judge. (1:98-cr-00061-CMH-2; 1:02-cv-00537-CMH) Submitted: April 30, 2009 Decided: July 1, 2009 Before MOTZ, TRAXLER, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam opinion. Theresa Marie Squillacote, Appellant Pro Se. Ronald Leonard Walutes, Jr., Assistant United States Attorney, Alexandria, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Theresa Marie Squillacote seeks to appeal the district court s order denying relief on her 28 U.S.C.A. § 2255 (West Supp. 2008) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2006). A certificate of appealability will not issue absent a substantial showing of the denial of a constitutional prisoner reasonable right. satisfies jurists constitutional 28 this would claims by U.S.C. § 2253(c)(2) standard find the by that demonstrating any district (2006). assessment court is A that of the 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 Squillacote has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We grant Squillacote s motions for judicial notice, to supplement, and to amend her informal brief; electronically. We facts contentions and legal dispense we deny with are 2 oral her motion argument adequately to because presented in file the the materials before the court and argument would not aid the decisional process. DISMISSED 3

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