U.S. v. Jackson

Full title: UNITED STATES OF AMERICA, Plaintiff, v. DONALD JACKSON, Defendant

Court: United States District Court, E.D. Michigan, Southern Division

Date published: Mar 17, 2006

Case No. 92-CR-81127-30 (E.D. Mich. Mar. 17, 2006)

Opinion

Case No. 92-CR-81127-30.

March 17, 2006

ORDER GRANTING DEFENDANT AN EXTENSION OF TIME TO FILE A NOTICE OF APPEAL

AVERN COHN, District Judge

This is a criminal case. Defendant Donald Jackson filed a motion under 18 U.S.C. § 3582(c)(2). On November 2, 2005, the Court denied the motion. Under Fed.R.App.P. 4(b), defendant had ten (10) days in which to file a notice of appeal. Defendant did not file a notice of appeal until December 5, 2005. However, in the notice of appeal, defendant stated he did not receive the Court's decision until November 26, 2005. On March 14, 2006, the Court of Appeals for the Sixth Circuit remanded the case "for the limited purpose of considering the notice of appeal as a Fed.R.App.P. 4(b)(4) motion for an extension of time."

Because defendant's notice of appeal was filed within 30 days from the expiration of the appeal period, and for good cause shown, the motion is GRANTED.

SO ORDERED.