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U.S. v. Ebersole

United States Court of Appeals, Fourth Circuit
Nov 29, 2007
256 F. App'x 603 (4th Cir. 2007)

Opinion

No. 07-6931.

Submitted: November 20, 2007.

Decided: November 29, 2007.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Leonie M. Brinkema, District Judge. (1:03-cr-00112-LMB; 1:06-cv-00869-LMB).

Russell Lee Ebersole, Appellant Pro Se. Thomas H. McQuillan, Office of the United States Attorney, Alexandria, Virginia, for Appellee.

Before NIEMEYER, TRAXLER, and GREGORY, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.


Russell Lee Ebersole seeks to appeal the district court's order denying relief on his 28 U.S.C. § 2255 (2000) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(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 dispositive 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 Ebersole 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.


Summaries of

U.S. v. Ebersole

United States Court of Appeals, Fourth Circuit
Nov 29, 2007
256 F. App'x 603 (4th Cir. 2007)
Case details for

U.S. v. Ebersole

Case Details

Full title:UNITED STATES of America, Plaintiff-Appellee, v. Russell Lee EBERSOLE…

Court:United States Court of Appeals, Fourth Circuit

Date published: Nov 29, 2007

Citations

256 F. App'x 603 (4th Cir. 2007)