United States v. Jermaul Robbs
United States v. Jermaul Robbs
Opinion
USCA4 Appeal: 24-6984 Doc: 5 Filed: 01/29/2025 Pg: 1 of 3
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 24-6984
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JERMAUL QUINCHON ROBBS,
Defendant - Appellant.
Appeal from the United States District Court for the Western District of North Carolina, at Asheville. Martin K. Reidinger, Chief District Judge. (1:20-cr-00089-MR-WCM-1; 1:24- cv-00199)
Submitted: January 23, 2025 Decided: January 29, 2025
Before WILKINSON, WYNN, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Jermaul Quinchon Robbs, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 24-6984 Doc: 5 Filed: 01/29/2025 Pg: 2 of 3
PER CURIAM:
Jermaul Quinchon Robbs seeks to appeal the district court’s order dismissing as
untimely his
28 U.S.C. § 2255motion. See Whiteside v. United States,
775 F.3d 180, 182-
83 (4th Cir. 2014) (en banc) (explaining that § 2255 motions are subject to one-year statute
of limitations, running from latest of four commencement dates enumerated in
28 U.S.C. § 2255(f)). 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, as here, 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)).
On appeal, we confine our review to the issues raised in the informal brief. See 4th
Cir. R. 34(b). In his informal brief, Robbs reasserts the sentencing and ineffective
assistance of counsel claims he raised in his § 2255 motion, but he does not address the
district court’s findings that his motion was filed beyond the one-year limitations period
and that he was not entitled to equitable tolling. Because Robbs’s informal brief does not
challenge the basis for the district court’s disposition, he has forfeited appellate review of
the court’s order. See 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.”); see also Canady v. Crestar Mortg. Corp.,
109 F.3d 969, 973-74(4th Cir. 1997) (holding that issues raised in notice of appeal but not briefed on
2 USCA4 Appeal: 24-6984 Doc: 5 Filed: 01/29/2025 Pg: 3 of 3
appeal are deemed waived). Accordingly, we deny a certificate of appealability and
dismiss the appeal.
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
Reference
- Status
- Unpublished