United States v. Chambers
Opinion of the Court
George Chambers seeks to appeal the district court’s order denying his motion for reduction of sentence under 18 U.S.C. § 3582(c)(2) (2006). 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
The district court entered its order denying the motion for reduction of sentence on June 19, 2008. Chambers filed the notice of appeal, at earliest, on July 10, 2008,
REMAND.
Because Chambers was then incarcerated and not represented by counsel, this filing date is determined pursuant to Houston v. Lack, 487 U.S. 266, 276, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988).
Reference
- Full Case Name
- United States v. George CHAMBERS
- Status
- Published