United States v. Edward C. Carter

Eighth Circuit

United States v. Edward C. Carter

990 F.2d 402, 1993 U.S. App. LEXIS 6767, 1993 WL 93948

CourtCourt of Appeals for the Eighth Circuit

DecidedApril 2, 1993

Docket92-3122

StatusPublished

Cited by5 cases

This text of 990 F.2d 402 (United States v. Edward C. Carter) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Edward C. Carter, 990 F.2d 402, 1993 U.S. App. LEXIS 6767, 1993 WL 93948 (8th Cir. 1993).

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Opinion

PER CURIAM.

Edward C. Carter appeals his plea of guilty to forgery of a signature on a U.S. Treasury check in violation of 18 U.S.C. § 510(a)(1). Carter’s notice of appeal was filed on September 15, 1992 — more than ninety-two days after entry of judgment on June 15,1992. See Fed.R.Appellate P. 4(b).

“[T]he timely filing of a notice of appeal is both mandatory and jurisdictional.” United States v. Anna, 843 F.2d 1146, 1147 (8th Cir.1988). We reviewed the district court file, and we found no indication that Carter attempted to establish excusable neglect within the time frame provided by Rule 4(b). We realize that the district court wrote “leave granted” on the notice of appeal on the date it was filed. Nonetheless, in a criminal case, “after the expiration of forty days from the entry of a final judgment there is nothing either the trial court or the court of appeals can do to extend the time for filing notice of appeal.” United States v. June, 503 F.2d 442, 443-44 (8th Cir.1974).

Accordingly, the appeal is dismissed for lack of jurisdiction.

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PER CURIAM.

Edward C. Carter appeals his plea of guilty to forgery of a signature on a U.S. Treasury check in violation of 18 U.S.C. § 510(a)(1). Carter’s notice of appeal was filed on September 15, 1992 — more than ninety-two days after entry of judgment on June 15,1992. See Fed.R.Appellate P. 4(b).

“[T]he timely filing of a notice of appeal is both mandatory and jurisdictional.” United States v. Anna, 843 F.2d 1146, 1147 (8th Cir.1988). We reviewed the district court file, and we found no indication that Carter attempted to establish excusable neglect within the time frame provided by Rule 4(b). We realize that the district court wrote “leave granted” on the notice of appeal on the date it was filed. Nonetheless, in a criminal case, “after the expiration of forty days from the entry of a final judgment there is nothing either the trial court or the court of appeals can do to extend the time for filing notice of appeal.” United States v. June, 503 F.2d 442, 443-44 (8th Cir.1974).

Accordingly, the appeal is dismissed for lack of jurisdiction.

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990 F.2d 402, 1993 U.S. App. LEXIS 6767, 1993 WL 93948, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-edward-c-carter-ca8-1993.

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