US v. Reynaldo Calderon

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to dismiss appeal [999745006-2] Originating case number: 7:12-cr-00037-FA-1 Copies to all parties and the district court/agency. [999804344].. [15-4419]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-4419

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)

Submitted:

April 18, 2016

Decided:

April 26, 2016

Before WILKINSON and KING, Circuit Judges, and DAVIS, Senior
Circuit Judge.

Affirmed in part, dismissed in part by unpublished per curiam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

Mark E. Edwards, EDWARDS & TRENKLE, PLLC, Durham, 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Unpublished opinions are not binding precedent in this circuit.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:
Reynaldo 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);

kidnapping

resulting

in

death,

18

U.S.C.

§ 1201(a)

(2012); and kidnapping, 18 U.S.C. § 1201(a) (2012).

Calderon

was sentenced to life in prison and a consecutive term of 120
months.

He

now

appeals.

His

attorney

has

filed

a

brief

pursuant to Anders v. California, 386 U.S. 738 (1967), claiming
that the district court erred in not granting the Government’s
motion
stating

for

a

that

departure
there

are

based
no

on

substantial

meritorious

assistance

issues

for

but

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

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a factual basis for the plea; and the plea was knowingly and
voluntarily entered.

Accordingly, we affirm the convictions.

In the plea agreement, Calderon waived his right to appeal
his sentence, with certain exceptions not applicable here.

Upon

review of the record, we conclude, given the totality of the
circumstances, that the waiver is valid and enforceable.

We

further find that the sentencing issue Calderon seeks to raise
on appeal falls within the scope of the waiver.
States

v.

Blick,

408

F.3d

162,

168-69

(4th

See United
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 States 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

because the facts and legal contentions are adequately presented

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in the materials before the court and argument would not aid the
decisional process.

AFFIRMED IN PART;
DISMISSED IN PART

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