United States v. Hill
United States v. Hill
Opinion of the Court
Remanded by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
David Hill seeks to appeal the district court’s orders denying his Fed.R.Crim.P. 33 motion (No. 09-6049) and subsequent motion for reconsideration (No. 09-6413). 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 Awon v. United States, 308 F.3d 133, 139 (1st Cir. 2002) (applying Rule 4(b) to Rule 33 motion for new trial). 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).
REMANDED.
For the purpose of this appeal, we assume that the date appearing on the notice of appeal is the earliest date it could have been properly delivered to prison officials for mailing to the court. Fed. R.App. P. 4(c); Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.