US v. Melchor Calderon

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to dismiss appeal [999656918-2] Originating case number: 7:12-cr-00037-FA-2 Copies to all parties and the district court/agency. [999706894].. [15-4011]

Appeal: 15-4011

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-4011

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MELCHOR CALDERON,
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-2)

Submitted:

November 17, 2015

Decided:

November 25, 2015

Before GREGORY, WYNN, and THACKER, Circuit Judges.

Affirmed in part; dismissed in part by unpublished per curiam
opinion.

R. Clarke Speaks, SPEAKS LAW FIRM, Wilmington, North Carolina,
for Appellant.
Jennifer P. May-Parker, Assistant United States
Attorney, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Melchor Calderon pled guilty in accordance with a written
plea agreement to: conspiracy to commit Hobbs Act robbery, 18
U.S.C. § 1951 (2012); using and carrying a firearm during and in
relation to a crime of violence, 18 U.S.C. § 924(c)(1)(B)(i)
(2012); conspiracy to distribute and to possess with intent to
distribute more than five kilograms of cocaine, 21 U.S.C. § 846
(2012); and kidnapping, 18 U.S.C. § 1201(a) (2012).
was sentenced to 252 months in prison.

Calderon

He now appeals.

His

attorney has filed a brief pursuant to Anders v. California, 386
U.S. 738 (1967), claiming that the sentence is unreasonable but
stating

that

there

are

no

meritorious

issues

for

appeal.

Calderon was advised of his right to file a pro se supplemental
brief but did not file such a brief.

The United States moves to

dismiss

waiver-of-appellate-rights

the

appeal

based

on

provision in the plea agreement.

a

Calderon opposes the motion.

We affirm in part and dismiss in part.
The appeal waiver did not apply to Calderon’s convictions.
Having reviewed the entire record, we hold that: the district
court substantially complied with Fed. R. Crim. P. 11; there was
a factual basis for the plea; and the plea was knowingly and
voluntarily entered.

Accordingly, we affirm the convictions.

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In the plea agreement, Calderon waived his right to appeal
his sentence. *
totality

of

enforceable.

Upon review of the record, we conclude, given the

the

circumstances,

that

the

waiver

is

valid

and

We further find that the issue Calderon seeks to

raise on appeal — whether the sentence is reasonable — falls
within the scope of the waiver.

See United States v. Blick, 408

F.3d 162, 168-69 (4th Cir. 2005).

Accordingly, we grant the

motion to dismiss Calderon’s appeal of his sentence.
Pursuant to Anders, we have reviewed the entire record for
meritorious,
therefore

nonwaivable

affirm

in

part

issues
and

and

have

dismiss

found

in

part.

none.
This

We
court

requires that counsel inform Calderon, in writing, of his right
to petition the Supreme Court of the United State for further
review.

If Calderon requests that such a petition be filed, but

counsel

believes

counsel

may

that

move

representation.

in

the
this

petition
court

would

for

be

leave

frivolous,

to

withdraw

then
from

Counsel’s motion must state that a copy of the

motion was served on Calderon.

We dispense with oral argument

*

Calderon waived “all rights . . . to appeal whatever
sentence is imposed, including any issues that relate to the
establishment of the advisory Guideline range, reserving only
the right to appeal from a sentence in excess of the applicable
advisory Guideline range that was established at sentencing, . .
. excepting an appeal . . . based upon grounds of ineffective
assistance of counsel or prosecutorial misconduct not known to
the Defendant at the time of the . . . guilty plea.”

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because the facts and legal contentions are adequately presented
in the materials before the court and argument would not aid the
decisional process.
AFFIRMED IN PART;
DISMISSED IN PART

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