Opinion
20 Cr. 389 (JGK)
11-18-2021
UNITED STATES OF AMERICA v. DAVE MINTON, Defendant
ORDER
THE HONORABLE JOHN G. KOELTL, UNITED STATES DISTRICT JUDGE.
WHEREAS, on October 12, 2021, the Court sentenced defendant Dave Minter to 72 months' imprisonment, to be followed by three years' supervised release, and imposed a $100 mandatory special assessment, and entered judgment on October 22, 2021 at Docket No. 71; and
WHEREAS, the United States of America, by and through Damian Williams, United States Attorney, Michael D. Maimin, of counsel, has requested an extension of the 30-day deadline within which to file a Notice of Appeal of that decision as required by Federal Rule of Appellate Procedure 4(b)(1)(B)(i) and 18 U.S.C. § 3731; and
WHEREAS, Federal Rule of Appellate Procedure 4(b)(4) provides that, “[u]pon a finding of excusable neglect or good cause, the district court may-before or after the time has expired, with or without motion and notice-extend the time to file a notice of appeal for a period not to exceed 30 days from the expiration of the time otherwise prescribed by this Rule 4(b)”; and
WHEREAS, the Government requests the extension to enable the Solicitor General to review the Court's sentence and judgment and determine whether to appeal the judgment; and
WHEREAS, the Court finds that the Government has demonstrated good cause to extend the time to file a notice of appeal for 30 days;
IT IS HEREBY ORDERED that the Government's deadline to file a notice of appeal is extended by 30 days, until and including December 22, 2021.