United States v. Norris
United States v. Norris
Opinion
OPINION
Nathaniel Norris seeks to appeal the district court’s order denying his motion for reduction of sentence under 18 U.S.C. § 3582 (2000). In criminal cases, the defendant must file his notice of appeal within ten days of the entry of judgment. Fed. R.App. P. 4(b)(1)(A); United States v. Alvarez, 210 F.3d 309, 310 (5th Cir. 2000) (holding that ten-day appeal period applies to § 3582 proceedings). With or without a motion, the district court may grant an *507 extension of time to file of up to thirty days upon a showing of excusable neglect or good cause. Fed. R.App. P. 4(b)(4); United States v. Reyes, 759 F.2d 351, 353 (4th Cir. 1985).
The district court entered its order on January 31, 2003. Thus, the ten-day appeal period expired on February 14. See Fed. R.App. P. 26 (providing that “intermediate Saturdays, Sundays, and legal holidays” are excluded when the time period is less than eleven days). Norris filed his notice of appeal on February 21 — after the expiration of the appeal period but within the thirty-day excusable neglect period. Because Norris’ notice of appeal was filed within the excusable neglect period, we remand the case to the district court for the court to determine whether Norris has shown excusable neglect or good cause warranting an extension of the ten-day appeal period. The record, as supplemented, will then be returned to this court for further consideration.
REMANDED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.