U.S. Court of Appeals for the Fourth Circuit, 2017

United States v. Windsor Kessler, III

United States v. Windsor Kessler, III
U.S. Court of Appeals for the Fourth Circuit · Decided May 30, 2017 · Shedd, Floyd, Thacker
690 F. App'x 837

United States v. Windsor Kessler, III

Opinion

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Windsor Warner Kessler, III appeals the district court’s orders denying his 28 U.S.C. § 2255 (2012) motion, his motion to reconsider, and his motion for a certificate of appealability. By order, we granted a partial certificate of appealability and ordered supplemental briefing on the issue of whether the district court abused its discretion in declining to conduct an evi-dentiary hearing on Kessler’s claim that he was entitled to equitable tolling of the habeas limitations period. We have reviewed the record, including the parties’ informal briefs following the issuance of the certificate of appealability, and find no reversible error. Accordingly, as to the claim on which we granted a certificate of appealability, we affirm for the reasons stated by the district court. United States v. Kessler, Nos. 1:11-cr-00434-MJG-1; 1:14-cv-01894-MJG (D. Md. July 22, 2016; Aug. 5 & 24, 2016). We dismiss the claims on which we previously denied a certificate of appealability, deny Kessler’s motion for appointment of counsel and 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.

AFFIRMED IN PART; DISMISSED IN PART

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