United States v. Davis
Opinion
Timothy Earl Davis seeks to appeal his 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 negleet 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 an amended judgment on December 6, 2004. The notice of appeal was filed on September 15, 2005. * Because Davis failed to file a timely notice of appeal or to obtain an extension of the appeal period, we dismiss the appeal. We also deny Davis’ motion to strike counsel’s appellate brief. 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.
Davis was accorded the benefit of Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988), as September 15, 2005 was the date he certified he gave his notice of appeal to prison officials for mailing.
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff—Appellee, v. Timothy Earl DAVIS, A/K/A Black, Defendant—Appellant
- Status
- Unpublished