United States v. Christopher Summers

• Court: Court of Appeals for the Eleventh Circuit
• Decided: April 3, 2025
• Docket: 24-13518
• Status: Unpublished

Opinion

USCA11 Case: 24-13518 Document: 24-1 Date Filed: 04/03/2025 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

____________________

No. 24-13518 Non-Argument Calendar ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus CHRISTOPHER SUMMERS,

Defendant-Appellant.

Appeal from the United States District Court for the Northern District of Florida D.C. Docket No. 3:97-cr-00103-MCR-CJK-1 ____________________ USCA11 Case: 24-13518 Document: 24-1 Date Filed: 04/03/2025 Page: 2 of 2

2 Opinion of the Court 24-13518

Before NEWSOM, LAGOA, and BRASHER, Circuit Judges. PER CURIAM: The government’s motion to dismiss this appeal as untimely is GRANTED, and this appeal is DISMISSED. Christoper Sum- mers’s notice of appeal, deemed filed, under the prison mailbox rule, on October 23, 2024, is untimely to challenge the district court’s May 11, 2023 judgment revoking his supervised release. See Fed. R. App. P. 4(c)(1) (providing that a notice of appeal for a pris- oner who uses the prison’s mail system is timely if it is deposited in that system on or before the last day for filing); Jeffries v. United States, 748 F.3d 1310, 1314 (11th Cir. 2014); Fed. R. App. P. 4(b)(1)(A) (providing that a criminal defendant’s notice of appeal must be filed within 14 days after entry of the appealed judgment or order); United States v. Lopez, 562 F.3d 1309, 1312-13 (11th Cir. 2009) (holding that the time limit in Rule 4(b)(1)(A) is a non-juris- dictional claims-processing rule that we must enforce if raised by the government). All other pending motions are DENIED as moot.