Not sure, but looks similar to my bayberry, Myrica pennsylvanica.

The leaves do seem a bit too wide for Myrica cerifera, although cerifera is the more evergreen of the two.

If this is a current photo and it's pennsylvanica, I would be surprised that pennsylvanica would be holding leaves this late, especially given the severity of our last cold outbreak....but it can be tardily deciduous.

Beng12: is your pennsylvanica still foliated?

Dave, one is almost as foliated & somewhat green, the other is partly foliated and what's left is brown. Interesting is that the pair yrs ago changed sex(!) -- the one originally making berries changed to male flowers, and the other changed to making berries!

The bark on Heruga's shrub also looks very similar to my bayberries -- smooth & silvery.

Heruga, one way to determine if it is bayberry or another Myrica is to rub a leaf firmly or tear one. They have a strong, distinct scent, rather like Old Spice.

Thanks everyone. I will test it out tomorrow.

I'm sure it's a Myrica.

http://www.efloras.org/florataxon.aspx?flora_id=1&taxon_id=121458

Here you go Heruga. a very typical planting of Myrica pensylvanica. Notice how some of the leaves hang on but I would not call this plant evergreen. This pic taken today in Maryland. As long as the plants in your pic are sheared they will make little or no berries. When you crushed the leaves what did it smell like? You have Myrica but I can't tell you anything further.