United States v. Reynaldo Calderon

USCA4 Appeal: 22-6345 Doc: 6 Filed: 07/29/2022 Pg: 1 of 3
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 22-6345
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
REYNALDO CALDERON, a/k/a Ray,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of North Carolina, at
Wilmington. David A. Faber, Senior District Judge. (7:12-cr-00037-FA-1; 7:16-cv-
00143-FA)
Submitted: July 26, 2022 Decided: July 29, 2022
Before MOTZ, KING, and AGEE, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Reynaldo Calderon, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
USCA4 Appeal: 22-6345 Doc: 6 Filed: 07/29/2022 Pg: 2 of 3
PER CURIAM:
Reynaldo Calderon seeks to appeal the district court’s order granting relief on his
28 U.S.C. § 2255 motion. The order is not appealable unless a circuit justice or judge
issues a certificate of appealability. See 28 U.S.C. § 2253(c)(1)(B). 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). When the district court denies relief on the merits, a
prisoner satisfies this standard by demonstrating that reasonable jurists could find the
district court’s assessment of the constitutional claims debatable or wrong. See Buck v.
Davis, 137 S. Ct. 759, 773-74 (2017). 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 a debatable claim of the denial of a constitutional right.
Gonzalez v. Thaler, 565 U.S. 134, 140-41 (2012) (citing Slack v. McDaniel, 529 U.S. 473,
484 (2000)).
Limiting our review of the record to the issues raised in Calderon’s informal brief,
we conclude that Calderon has not made the requisite showing. See 4th Cir. R. 34(b); see
also Jackson v. Lightsey, 775 F.3d 170, 177 (4th Cir. 2014) (“The informal brief is an
important document; under Fourth Circuit rules, our review is limited to issues preserved
in that brief.”); In re Under Seal, 749 F.3d 276, 285 (4th Cir. 2014) (“Our settled rule is
simple: absent exceptional circumstances, we do not consider issues raised for the first time
on appeal.” (cleaned up)). Accordingly, we deny a certificate of appealability and dismiss
the appeal.
2
USCA4 Appeal: 22-6345 Doc: 6 Filed: 07/29/2022 Pg: 3 of 3
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
3