USCA4 Appeal: 24-4012 Doc: 43 Filed: 12/16/2024 Pg: 1 of 2

FILED: December 16, 2024

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 24-4012 (8:19-cr-00338-DKC-1)

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

NOSAKHARE PETER OBAMOGIE,

Defendant - Appellant.

ORDER

Nosakhare Obamogie seeks to appeal his conviction and sentence imposed

following his guilty plea to conspiracy to commit wire fraud, in violation of 18

U.S.C. § § 1343, 1349. The Government has moved to dismiss the appeal as

untimely.

In criminal cases, the defendant must file the notice of appeal within 14 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 USCA4 Appeal: 24-4012 Doc: 43 Filed: 12/16/2024 Pg: 2 of 2

extension of up to 30 days to file a notice of appeal. Fed. R. App. P. 4(b)(4).

Although the appeal period in a criminal case is not a jurisdictional provision, but

rather a claim-processing rule, United States v. Urutyan,

(4th Cir.

2009), “[w]hen the Government promptly invokes the rule in response to a late-filed

criminal appeal, we must dismiss,” United States v. Oliver,

(4th

Cir. 2017).

The district court entered judgment on November 29, 2023, and the appeal

period expired on December 13, 2023. Obamogie filed the notice of appeal on

December 14, 2023. Because the district court has not yet determined whether

excusable neglect or good cause exist for Obamogie’s untimely filing, we defer

ruling on the Government’s motion to dismiss the appeal and remand for the limited

purpose of allowing the district court to determine whether Obamogie can make such

a showing. The record, as supplemented, will then be returned to this Court for

further consideration.

Entered at the direction of the panel: Judge Rushing, Judge Heytens, and

Senior Judge Traxler.

For the Court

/s/ Nwamaka Anowi, Clerk

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