Opinion
Case No. 2:97 CR 158 TC
May 26, 2004
ORDER
On March 27, 2003, the court denied Defendant John Terry Burridge's motion for waiver of fine, and on April 14, 2003, the court denied Defendant's motion to clarify that no interest is applicable to the fine. Under Federal Rule of Appellate Procedure 4(b)(1)(A)(i), Defendant had until April 10, 2003, and April 28, 2003, respectively, to appeal the court's orders.
Defendant filed his notice of appeal untimely, on April 30, 2003. Although Defendant did not meet the ten-day deadline of Rule 4(b)(1)(A)(i), the court finds that Defendant's failure to do so was the result of excusable neglect and good cause. Defendant has presented evidence that he deposited his notice of appeal in the United States Postal Service mail in Rhode Island on April 22, 2003. Accordingly, Defendant did attempt to comply with Rule 4(b)(1)(A)(i), and the court grants Defendant an extension of thirty (30) days under Rule 4(b)(4). Defendant's appeal of April 30, 2003, is therefore timely.
Defendant contends that he filed his notice of appeal on April 29, 2004. This, however would not help Defendant's argument because the notice would still be tardy.
SO ORDERED.