United States v. Harris

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-7264

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

PATRICK LAMAR HARRIS,

Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at Florence. C. Weston Houck, Senior District Judge. (4:94-cr-00297-CWH-6; 4:07-cv-70075-CWH)

Submitted: December 16, 2008 Decided: December 30, 2008

Before NIEMEYER and MOTZ, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Remanded by unpublished per curiam opinion.

Patrick Lamar Harris, Appellant Pro Se. Marshall Prince II, Assistant United States Attorney, Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Patrick Lamar Harris seeks to appeal the district

court’s orders denying his motion filed under 28 U.S.C. § 2255

(2000) and for reconsideration. The notice of appeal was

received in the district court after expiration of the appeal

period. Because Harris is incarcerated, the notice is

considered filed as of the date it was properly delivered to

prison officials for mailing to the court. Fed. R. App. P.

4(c)(1); Houston v. Lack, 487 U.S. 266 (1988). The record does

not reveal when Harris gave the notice of appeal to prison

officials for mailing. Accordingly, we remand the case for the

limited purpose of allowing the district court to obtain this

information from the parties and to determine whether the filing

was timely under Fed. R. App. P. 4(c)(1) and Houston v. Lack.

The record, as supplemented, will then be returned to this court

for further consideration.

REMANDED