Opinion
No. 3:04-CR-038-R.
August 1, 2005
FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
This case has been referred to the United States Magistrate Judge pursuant to 28 U.S.C. § 636(b) and a standing order of reference from the district court. The Findings, Conclusions and Recommendation of the Magistrate Judge follow:
FINDINGS AND CONCLUSIONS
On April 18, 2005, the Fifth Circuit Court of Appeals remanded this case for a determination of whether Defendant timely filed his appeal, and, if the appeal was not timely filed, for a determination of excusable neglect under Fed.R.App.P. 4(b)(4).
On July 28, 2005, the undersigned magistrate judge held a hearing on these issues. Defendant stated that he wished to abandon his appeal and that he would be filing "paperwork" to terminate the appeal. In light of Defendant's desire and intent to abandon his appeal, the Court recommends that the case be returned to the jurisdiction of the Fifth Circuit Court of Appeals.
RECOMMENDATION
For the foregoing reasons, the Court recommends that this case be returned to the jurisdiction of the Fifth Circuit Court of Appeals.