United States v. James Cobler

U.S. Court of Appeals for the Fourth Circuit
United States v. James Cobler, 671 F. App'x 113 (4th Cir. 2016)
Duncan, Keenan, Per Curiam, Wynn

United States v. James Cobler

Opinion

*114 Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

James Robert Cobler seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2255 (2012) motion, in which he claimed counsel was ineffective, and but for counsel’s deficient performance, he would not have pled guilty. The order is not appealable unless a circuit justice or judge issues a certificate of ap-pealability. 28 U.S.C. § 2253(c)(1)(B) (2012). 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) (2012). When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court’s assessment of the constitutional claims is debatable or wrong. Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003).

We have independently reviewed the record and conclude that Cobler has not established that his counsel was ineffective. 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 this court and argument would not aid the decisional process.

DISMISSED

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. James Robert COBLER, Defendant-Appellant
Status
Unpublished