Opinion
Crim. No. 2:11-cr-158 (WJM)
03-01-2012
UNITED STATES OF AMERICA, v. JOSE MANUEL ALMONTE.
ORDER
THIS MATTER comes before the Court upon Defendant's pro se motion for leave to appeal out of time, filed on February 16, 2012 (ECF No. 79); the Court noting that the judgment being appealed was entered on January 11, 2012; the Court finding that, pursuant to Federal Rule of Appellate Procedure 4(b)(1)(A), the deadline for Defendant to file a notice of appeal was January 25, 2012; the Court noting that, pursuant to Federal Rule of Appellate Procedure 4(b)(4), it may extend the time for Defendant to file a notice of appeal for a period not to exceed 30 days beyond the January 25, 2012 deadline upon a finding of excusable neglect or good cause; and the Court finding that, based upon Defendant's February 16, 2012 submission, excusable neglect and good cause have been shown;
See also, United States v. Richmond,
IT IS on this 1st day of March 2012, hereby,
ORDERED that Defendant's motion is GRANTED.
______________________
WILLIAM J. MARTINI , U.S.D.J.
120 F.3d 434 (3d Cir. 1997).