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  • United States v. Bokel, 4th Cir. (2007)

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    This document summarizes a United States Court of Appeals case in which Weily Bokel appealed the district court's denial of her 28 U.S.C. § 2255 motion. The appeals court dismissed the appeal, finding that Bokel did not demonstrate that reasonable jurists would find the district court's assessment of her constitutional claims debatable or wrong. Specifically, the appeals court independently reviewed the record and concluded that Bokel did not make the requisite showing to warrant a certificate of appealability. Therefore, the court denied the certificate and dismissed the appeal without oral argument.

    Original Description:

    Filed: 2007-09-07 Precedential Status: Non-Precedential Docket: 07-6581

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    This document summarizes a United States Court of Appeals case in which Weily Bokel appealed the district court's denial of her 28 U.S.C. § 2255 motion. The appeals court dismissed the appeal, finding that Bokel did not demonstrate that reasonable jurists would find the district court's assessment of her constitutional claims debatable or wrong. Specifically, the appeals court independently reviewed the record and concluded that Bokel did not make the requisite showing to warrant a certificate of appealability. Therefore, the court denied the certificate and dismissed the appeal without oral argument.

    Copyright:

    Public Domain
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    3 views2 pages

    United States v. Bokel, 4th Cir. (2007)

    Uploaded by

    Scribd Government Docs
    This document summarizes a United States Court of Appeals case in which Weily Bokel appealed the district court's denial of her 28 U.S.C. § 2255 motion. The appeals court dismissed the appeal, finding that Bokel did not demonstrate that reasonable jurists would find the district court's assessment of her constitutional claims debatable or wrong. Specifically, the appeals court independently reviewed the record and concluded that Bokel did not make the requisite showing to warrant a certificate of appealability. Therefore, the court denied the certificate and dismissed the appeal without oral argument.

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    of 2

    UNPUBLISHED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 courts order
    denying relief on her 28 U.S.C. 2255 (2000) motion.
    not

    appealable

    unless

    circuit

    certificate of appealability.

    justice

    or

    The order is

    judge

    issues

    28 U.S.C. 2253(c)(1) (2000).

    certificate of appealability will not issue absent a substantial


    showing of the denial of a constitutional right.

    2253(c)(2)

    demonstrating

    (2000).
    that

    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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