USCA4 Appeal: 25-6102 Doc: 16 Filed: 10/09/2025 Pg: 1 of 2

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 25-6102

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. KENNETH R. SPIRITO, Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Newport News. Raymond A. Jackson, Senior District Judge. (4:19-cr-00043-RAJ-DEM- 1; 4:24-cv-00007-RAJ)

Submitted: September 12, 2025 Decided: October 9, 2025

Before GREGORY, THACKER, and RICHARDSON, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Erin Harrigan, TROUTMAN PEPPER LOCKE LLP, Richmond, Virginia, for Appellant.

Unpublished opinions are not binding precedent in this circuit.

USCA4 Appeal: 25-6102 Doc: 16 Filed: 10/09/2025 Pg: 2 of 2

PER CURIAM: Kenneth R. Spirito seeks to appeal the district court’s order denying 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, 580 U.S. 100, 115-17 (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)).

We have independently reviewed the record and conclude that Spirito has not made the requisite showing. 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