Opinion
CASE NO. 1:18-CR-55
06-19-2020
UNITED STATES OF AMERICA v. DARRELL RAY LYNCH
ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
The United States Court of Appeals for the Fifth Circuit remanded this case for a determination whether the defendant's untimely notice of appeal was due to excusable neglect or good cause. Before the Court is the Report and Recommendation of United States Magistrate Judge regarding the remand order. Following an evidentiary hearing, the magistrate judge recommended that the Court find that the defendant's untimely notice of appeal was not due to excusable neglect or good cause. The parties have not filed objections to the report and recommendation.
Having conducted an independent review, the Court concludes that the defendant has not shown excusable neglect or good cause for filing an untimely notice of appeal. It is therefore
ORDERED that the Report and Recommendation of United States Magistrate Judge is ADOPTED. The Court finds that the defendant has not shown excusable neglect or good cause for filing an untimely notice of appeal. The Clerk of Court is directed to transmit a copy of this order to the United States Court of Appeals for the Fifth Circuit.
SIGNED at Beaumont, Texas, this 19th day of June, 2020.
/s/_________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE