Filed: Jul. 01, 2009
Latest Update: Feb. 12, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-7020 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. THERESA MARIE SQUILLACOTE, a/k/a Tina,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-00
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-7020 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. THERESA MARIE SQUILLACOTE, a/k/a Tina,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-000..
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UNPUBLISHED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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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 right.” 28 U.S.C. § 2253(c)(2) (2006). 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 (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; we deny her motion to file
electronically. We dispense with oral argument because the
facts and legal contentions are adequately presented in the
2
materials before the court and argument would not aid the
decisional process.
DISMISSED
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