United States v. Clifton Perry

585 F. App'x 847

• Court: Court of Appeals for the Fourth Circuit
• Decided: November 24, 2014
• Docket: 14-4467
• Status: Unpublished

Opinion

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Clifton Farrell Perry pleaded guilty to bank robbery, in violation of 18 U.S.C. § 2113(a) (2012). The district court sentenced Perry to 151 months of imprisonment and Perry seeks to appeal his conviction and sentence. The Government has moved to dismiss the appeal as untimely.

In criminal cases, the defendant must file the notice of appeal within fourteen days after the entry of judgment. Fed. R.App. P. 4(b)(1)(A). With or without a motion, upon a showing of excusable neglect or good cause, the district court may grant an extension of up to thirty days to file a notice of appeal. Fed. R.App. P. 4(b)(4); United States v. Reyes, 759 F.2d 351, 353 (4th Cir.1985).

The district court entered judgment on September 19, 2013. The notice of appeal was filed on June 6, 2014. * Because Perry failed to file a timely notice of appeal or to obtain an extension of the appeal period, we grant the Government’s motion to dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid in the decisional process.

DISMISSED.

* For the purpose of this appeal, we consider the date of filing as the date that Perry delivered his notice to prison officials for mailing to this court. Fed. R.App. P. 4(c); Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988).