US v. Chun-Yu Zhao


UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:10-cr-00317-GBL-1,1:14-cv-01787-GBL Copies to all parties and the district court/agency. [999752915]. Mailed to: Chun-Yu Zhao YORK COUNTY PRISON 3400 Concord Road York, PA 17402-0000. [15-7493]

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Appeal: 15-7493 Doc: 13 Filed: 02/10/2016 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-7493 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. CHUN-YU ZHAO, a/k/a Jessica Smith, a/k/a Chun Yu Zhao, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Gerald Bruce Lee, District Judge. (1:10-cr-00317-GBL-1; 1:14-cv-01787-GBL) Submitted: January 26, 2016 Decided: February 10, 2016 Before AGEE, WYNN, and FLOYD, Circuit Judges. Dismissed by unpublished per curiam opinion. Peter David Goldberger, Ardmore, Pennsylvania, for Appellant. Kellen Sean Dwyer, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. Appeal: 15-7493 Doc: 13 Filed: 02/10/2016 Pg: 2 of 3 PER CURIAM: Chun-Yu Zhao seeks to appeal the district court’s order denying relief on her 28 U.S.C. § 2255 (2012) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. A certificate of 28 U.S.C. § 2253(c)(1)(B) (2012). appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2012). relief on the merits, demonstrating district that court’s debatable or a When the district court denies prisoner reasonable assessment wrong. satisfies jurists would of the v. McDaniel, Slack this standard find U.S. that the claims constitutional 529 by is 473, 484 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the motion states claim of the denial of a constitutional right. a debatable Slack, 529 U.S. at 484-85. We have independently reviewed the record and conclude that Zhao has not made the requisite showing. certificate dispense of with appealability oral argument and dismiss because 2 Accordingly, we deny a the the appeal. facts and We legal Appeal: 15-7493 Doc: 13 contentions are Filed: 02/10/2016 adequately Pg: 3 of 3 presented in the materials before this court and argument would not aid the decisional process. DISMISSED 3

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