United States v. Dondell Davidson

Opinion

USCA11 Case: 24-11780 Document: 22-1 Date Filed: 12/31/2024 Page: 1 of 3

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 24-11780 Non-Argument Calendar ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus DONDELL CYRUS DAVIDSON,

Defendant- Appellant.

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Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 2:18-cr-14006-KAM-1 ____________________ USCA11 Case: 24-11780 Document: 22-1 Date Filed: 12/31/2024 Page: 2 of 3

2 Opinion of the Court 24-11780

Before ROSENBAUM, LUCK, and ABUDU, Circuit Judges. PER CURIAM: Upon review of the record and the government’s motion to dismiss, we conclude that this appeal is untimely. Dondell Da- vidson seeks review of the district court’s March 27, 2024 order denying his motion for a sentence reduction. To timely seek re- view of that order, he needed to file a notice of appeal by April 10, 2024. See Fed. R. App. P. 4(b)(1)(A); United States v. Fair, 326 F.3d 1317, 1318 (11th Cir. 2003). His notice of appeal, deemed filed on May 20, 2024, is therefore untimely. See Fed. R. App. P. 4(c)(1); Jeffries v. United States, 748 F.3d 1310, 1314 (11th Cir. 2014). Because the government moves to dismiss the notice of ap- peal as untimely, we “must apply the time limits of Rule 4(b).” See United States v. Lopez, 562 F.3d 1309, 1313‑14 (11th Cir. 2009) (hold- ing that we must apply Rule 4(b)’s 14-day time limit when the gov- ernment objects to an untimely notice of appeal). Additionally, be- cause Davidson filed his notice of appeal more than 30 days after the expiration of the 14-day appeal period, he is not eligible for re- lief under Rule 4(b)(4). See Fed. R. App. P. 4(b)(4) (providing that, upon a finding of excusable neglect or good cause, the district court may extend the time to file a notice of appeal for up to 30 days); United States v. Ward, 696 F.2d 1315, 1317-18 (11th Cir. 1983) (not- ing that we customarily treat a late notice of appeal, filed within the 30 days during which an extension is permissible, as a motion USCA11 Case: 24-11780 Document: 22-1 Date Filed: 12/31/2024 Page: 3 of 3

24-11780 Opinion of the Court 3

for extension of time under Rule 4(b)(4) and remand to the district court). Accordingly, the government’s motion to dismiss this ap- peal as untimely is GRANTED, and this appeal is DISMISSED.