United States v. S.Hernandez-Arellano

U.S. Court of Appeals for the Eighth Circuit
United States v. S.Hernandez-Arellano, 17 F. App'x 505 (8th Cir. 2001)

United States v. S.Hernandez-Arellano

Opinion

PER CURIAM.

After he was sentenced upon his conviction of illegal reentry following deportation for an aggravated felony, Sergio Hernandez-Arellano filed his notice of appeal twenty-one days after judgment was entered in the district court. 1 Although Hernandez-Arellano’s notice of appeal is untimely, see Fed. R.App. P. 4(b)(l)(A)(i), we remand the case to the district court to determine whether the time for filing a notice of appeal should be extended under Federal Rule of Appellate Procedure 4(b)(4). See United States v. Austin, 217 F.3d 595, 597 (8th Cir. 2000); United States *506 v. Petty, 82 F.3d 809, 810 (8th Cir. 1996) (per curiam).

1

. The Honorable Jimm Larry Hendren, Chief Judge, United States District Court for the Western District of Arkansas.

Reference

Full Case Name
UNITED STATES of America, Appellee, v. Sergio HERNANDEZ-ARELLANO, Appellant
Status
Unpublished