Opinion
CRIMINAL CASE NO. 1:11-cr-00107-MR-1
01-15-2014
UNITED STATES OF AMERICA, v. ROBERT LYLE HITT.
ORDER
THIS MATTER is before the Court on the Defendant's "Motion to File Late Notice of Appeal" [Doc. 62].
The Defendant seeks an extension of time in which to file an appeal from the Judgment entered on April 3, 2013. [Doc. 62]. Federal Rule of Appellate Procedure 4(b) provides that in a criminal case, "a defendant's notice of appeal must be filed in the district court within 14 days after . . .the entry of ... the judgment ... being appealed[.]" Fed. R. App. P. 4(b)(1)(A)(i). The Defendant's notice of appeal of the Court's April 3, 2013 Judgment therefore should have been filed on or before April 17, 2013. See id.
Rule 4 also provides, in pertinent part, as follows:
Upon 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 toFed. R. App. P. 4(b)(4). Other than as provided in Rule 4(b)(4), this Court may not enlarge the time for filing an appeal. United States v. Stockton, 240 F. App'x 601, 601 (4 Cir. 2007).
exceed 30 days from the expiration of the time otherwise prescribed by this Rule 4(b).
Pursuant to Rule 4(b)(4), the Defendant's motion for extension of time to file an appeal should have been filed no later than May 17, 2013. Because the Defendant's motion was filed well outside of this 30-day window, the Court must deny his motion. See United States v. Raynor, 939 F.2d 191, 197 (4 Cir. 1991) (noting that the time periods contained within Rule 4(b) are "mandatory and jurisdictional").
IT IS, THEREFORE, ORDERED that the Defendant's "Motion to File Late Notice of Appeal" [Doc. 62] is DENIED.
IT IS SO ORDERED.
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Martin Reidinger
United States District Judge