United States v. Vengoechea
Opinion
Regina Vengoechea seeks to appeal her conviction and sentence. In criminal cases, the defendant must file the notice of appeal within ten days after the entry of judgment. Fed. R.App. P. 4(b)(1)(A). With or without a motion, upon a showing of excusable neglect or good cause, the district court may grant an extension of up to thirty days to file a notice of appeal. Fed. R.App. P. 4(b)(4); United States v. Reyes, 759 F.2d 351, 353 (4th Cir. 1985).
The district court entered judgment on June 27, 2000. The notice of appeal was filed on August 30, 2006. * Because Ven *291 goechea failed to file a timely notice of appeal or to obtain an extension of the appeal period, we dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
DISMISSED.
Vengoechea filed a "Certificate of Appealability” that the district court docketed as a notice of appeal. We have given Vengoechea the benefit of Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988), and Fed. R.App. P. 4(c), in calculating when her notice of appeal was filed.
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff-Appellee, v. Regina VENGOECHEA, A/K/A Regina Lopez De Vengoechea, Defendant-Appellant
- Status
- Unpublished