United States v. Dante Sherod Hampton

USCA11 Case: 23-13140 Document: 42-1 Date Filed: 07/30/2024 Page: 1 of 2

[DO NOT PUBLISH] In the

United States Court of Appeals

For the Eleventh Circuit ____________________

No. 23-13140

Non-Argument Calendar ____________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee, versus

DANTE SHEROD HAMPTON,

Defendant-Appellant.

____________________

Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 6:19-cr-00237-RBD-GJK-1 ____________________ USCA11 Case: 23-13140 Document: 42-1 Date Filed: 07/30/2024 Page: 2 of 2

2 Opinion of the Court 23-13140

Before NEWSOM, BRASHER, and ABUDU, Circuit Judges.

PER CURIAM:

The government’s motion to dismiss this appeal as untimely is GRANTED, and this appeal is DISMISSED. Dante Hampton’s notice of appeal, deemed filed on September 19, 2023, is untimely to appeal from the February 26, 2020 final criminal judgment. See Fed. R. App. P. 4(b)(1)(A) (providing that a defendant’s notice of appeal must be filed within 14 days after entry of the appealed judg- ment or order); United States v. Lopez, 562 F.3d 1309, 1312-13 (11th Cir. 2009) (holding that the time limit in Rule 4(b)(1)(A) is a non-ju- risdictional claims-processing rule that we must enforce if raised by the government). The government did not forfeit its ability to chal- lenge the timeliness of this appeal because it moved to dismiss the appeal as untimely prior to filing its appellate response brief. See Lopez, 562 F.3d at 1313-14.