US v. Gerald Whaley, No. 22-6101 (4th Cir. 2022)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 22-6101 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. GERALD DECOSTA WHALEY, a/k/a Costa, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Orangeburg. J. Michelle Childs, District Judge. (5:12-cr-00810-JMC-1) Submitted: May 19, 2022 Decided: May 24, 2022 Before MOTZ and HARRIS, Circuit Judges, and TRAXLER, Senior Circuit Judge. Affirmed as modified by unpublished per curiam opinion. Gerald Decosta Whaley, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Gerald Decosta Whaley appeals the district court’s order denying for lack of jurisdiction his motion to withdraw his notice of appeal. On appeal, we confine our review to the issues raised in the Appellant’s brief. See 4th Cir. R. 34(b). Because Whaley’s informal brief does not challenge the basis for the district court’s disposition, Whaley 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.”). Accordingly, we modify the district court’s order to reflect dismissal of Whaley’s motion without prejudice and affirm the order as modified. See S. Walk at Broadlands Homeowner’s Ass’n, Inc. v. OpenBand at Broadlands, LLC, 713 F.3d 175, 185 (4th Cir. 2013). 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. AFFIRMED AS MODIFIED 2
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