United States v. Timothy Allen Phillips

USCA11 Case: 22-13572 Document: 36-1 Date Filed: 11/22/2023 Page: 1 of 2

[DO NOT PUBLISH]

In the

United States Court of Appeals

For the Eleventh Circuit ____________________

No. 22-13572

Non-Argument Calendar ____________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee, versus TIMOTHY ALLEN PHILLIPS,

Defendant- Appellant. ____________________

Appeal from the United States District Court for the Northern District of Alabama D.C. Docket No. 2:20-cr-00038-AKK-JHE-1

____________________ USCA11 Case: 22-13572 Document: 36-1 Date Filed: 11/22/2023 Page: 2 of 2 2 Opinion of the Court 22-13572 Before JILL PRYOR, NEWSOM, and LUCK, Circuit Judges.

PER CURIAM:

The government’s motion to dismiss this appeal as untimely is GRANTED. Timothy Phillips’s October 21, 2022 notice of ap- peal is untimely to challenge the final criminal judgment and sen- tence entered on November 3, 2021. See Fed. R. App. P. 4(b)(1)(A) (providing that in criminal cases, a defendant’s notice of appeal must be filed within 14 days after the entry of the judgment or or- der being appealed); United States v. Lopez, 562 F.3d 1309, 1313-14 (11th Cir. 2009) (holding that we must apply Rule 4(b)’s 14-day time limit when the government objects to an untimely notice of ap- peal).

While Phillips argues that the government forfeited a time- liness objection by failing to raise it sooner, the government may object to timeliness “for the first time” in its response brief. See Lopez, 562 F.3d at 1313. Here, the government has not yet filed its response brief, and it filed its motion before the deadline for that brief. Accordingly, this appeal is DISMISSED. 1 1 Phillips’s alternative request for appointment of counsel in seeking relief un- der 28 U.S.C. § 2255 is DENIED without prejudice to him seeking such relief in the district court.