U.S. Court of Appeals for the Fourth Circuit, 2008

United States v. Hill

United States v. Hill
U.S. Court of Appeals for the Fourth Circuit · Decided September 23, 2008 · Motz, Traxler, Shedd
294 F. App'x 34

United States v. Hill

Opinion

PER CURIAM:

David Lee Hill seeks to appeal the district court’s order reducing his sentence from 260 months’ imprisonment to 210 months’ imprisonment under 18 U.S.C.A. *35 § 3582 (West 2000 & Supp. 2008). 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); see United States v. Alvarez, 210 F.3d 309, 310 (5th Cir. 2000) (holding that § 3582 proceeding is criminal in nature and ten-day appeal period applies). 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 its order on April 18, 2008. The notice of appeal was filed on June 9, 2008. Because Hill failed to file a timely notice of appeal or to obtain an extension of the appeal period, we deny leave to proceed in forma pauperis and 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.

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