Opinion
CaseNo. 2:01CR565DAK
December 12, 2003
ORDER
This matter is before the court on Defendant's motion for an extension of time to file a notice of appeal. Pursuant to Rule 4(b)(1) of the Federal Rules of Appellate Procedure, a Defendant in a criminal case must file a notice of appeal within ten days after the entry of judgment. Judgment was entered in this case October 25, 2202. Defendant's motion for an extension of time was not filed until October 6, 2003. Even though the district court may grant an extension of time to file a notice of appeal, under Rule 4(b)(4) of the Federal Rules of Appellate Procedure, the court cannot extend the time to file a notice of appeal for a period greater than thirty days. Therefore, Defendant's motion is untimely and is, therefore, denied.
Defendant has also filed a motion for discovery and application of the Jenks Act to obtain copies of several items for his appeal. Because Defendant's time for appeal has lapsed, this motion is also untimely and is moot. Therefore, Defendants' motion for discovery and application of the Jenks Act is denied.