United States v. Keith D. Long, United States of America v. Sonia E. Mayfield

905 F.2d 1572, 284 U.S. App. D.C. 405, 30 Fed. R. Serv. 620, 1990 U.S. App. LEXIS 10058, 1990 WL 83976
CourtCourt of Appeals for the D.C. Circuit
DecidedJune 22, 1990
Docket89-3096, 89-3105
StatusPublished
Cited by169 cases

This text of 905 F.2d 1572 (United States v. Keith D. Long, United States of America v. Sonia E. Mayfield) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. 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. Keith D. Long, United States of America v. Sonia E. Mayfield, 905 F.2d 1572, 284 U.S. App. D.C. 405, 30 Fed. R. Serv. 620, 1990 U.S. App. LEXIS 10058, 1990 WL 83976 (D.C. Cir. 1990).

Opinions

Opinion for the court filed by Circuit Judge THOMAS.

Concurring opinion filed by Circuit Judge SENTELLE.

CLARENCE THOMAS, Circuit Judge:

Sonia Mayfield and Keith Long appeal their convictions for possessing in excess of five grams of cocaine base with intent to distribute, 21 U.S.C. §§ 841(a), 841(b)(l)(B)(iii),1 and using or carrying a [1574]*1574firearm during and in relation to a drug trafficking crime, 18 U.S.C. § 924(e)(1). In addition, Mayfield appeals her conviction for knowingly opening or maintaining a place for the purpose of distributing or using a controlled substance, 21 U.S.C. § 856(a)(1). Mayfield’s appeal is not properly before this court. Thus, we do not consider the merits of her arguments, and remand her case to the district court. Long raises three challenges to his convictions. First, he asserts that there is insufficient evidence to support his conviction for using or carrying a firearm in relation to a drug trafficking crime. Second, he contends that the trial judge erred in admitting into evidence the substance of an incriminating telephone conversation. Finally, he asserts that the trial judge abused his discretion by declining to sever Long’s trial from Mayfield’s. We are persuaded by Long’s first argument and reverse his firearms conviction. Finding no merit in his second and third contentions, however, we affirm his narcotics conviction.

I.

The Federal Rules of Appellate Procedure require that parties wishing to appeal in criminal cases file a notice “in the district court within 10 days after the entry of the judgment or order appealed from.” Fed.R.App.P. 4(b). The district court docketed the judgment against Mayfield on June 5,1989; she filed notice of this appeal on June 16, 1989, eleven days later. Citing rule 4(b), and stressing that it is “mandatory and jurisdictional,” United States v. Robinson, 361 U.S. 220, 226, 80 S.Ct. 282, 287, 4 L.Ed.2d 259 (1960), the government urges us to dismiss Mayfield’s appeal outright.

As Mayfield correctly notes, however, rule 4(b) does not absolutely bar criminal appeals in which the required notice is filed more than ten days after entry of the judgment. The rule allows the district court, with or without motion and notice, to extend the period for filing a notice of appeal for an additional thirty days “[u]pon a showing of excusable neglect.”

Mayfield concedes that the district court did not explicitly grant her a thirty-day extension to file her notice of appeal. She urges us, however, to hold that the district court implicitly granted the extension by “accepting” her untimely notice of appeal. She notes that the Eighth Circuit has, on occasion, followed this approach. See United States v. Williams, 508 F.2d 410, 410 (8th Cir.1974) (per curiam) (“We construe the district court’s acceptance of the notice of appeal as a grant of additional time to file pursuant to Fed.R.App.P. 4(b) even though no formal order is entered to that effect.”); United States v. Mills, 430 F.2d 526, 528 (8th Cir.1970) (same), cert. denied, 400 U.S. 1023, 91 S.Ct. 589, 27 L.Ed.2d 636 (1971).

We decline Mayfield’s invitation to equate the ministerial act of docketing a tardy notice of appeal with an implicit grant of an extension of time by the district court. Docketing a notice of appeal is a clerical task, and does not require the approbation of the trial judge. It thus presents no occasion for a party to make a showing of excusable neglect, which is a prerequisite for obtaining the thirty-day extension contemplated by rule 4(b). Adopting the fiction that the district court implicitly granted the extension of time would undoubtedly expedite the final adjudication of Mayfield’s case. But the unambiguous language of the rule forecloses this shortcut.2 The time limits specified in the rules [1575]*1575serve vital interests of efficiency and finality in the administration of justice, and are not designed merely to ensnare hapless litigants. As this court has noted when considering a civil appeal time-barred by rule 4(a): “The Federal Rules of Appellate Procedure impose strict requirements for the timely filing of appeals.... [W]e decline to ... subvert the plain words and meaning of the federal rules. This court has never had the authority to revamp these rules.” Polylok Corp. v. Manning, 793 F.2d 1318, 1322 (D.C.Cir.1986).3

We therefore remand this case to the district court for a determination of whether Mayfield should be granted the thirty-day extension permitted by rule 4(b). Mayfield will thus have an opportunity to present to the district court whatever evidence of excusable neglect she can muster. This resolution places us squarely in line with the majority of appellate courts that have considered this issue. See, e.g., United States v. Golding, 739 F.2d 183, 184 (5th Cir.1984) (per curiam); United States v. Lucas, 597 F.2d 243, 245-46 (10th Cir.1979) (per curiam); United States v. Stolarz, 547 F.2d 108, 111-12 (9th Cir.1976), cert. denied, 434 U.S. 851, 98 S.Ct. 162, 54 L.Ed.2d 119 (1977).4 Even the Eighth Circuit has cut back significantly on its earlier, permissive attitude toward rule 4(b). See United States v. Anna, 843 F.2d 1146, 1147 (8th Cir.1988) (terming the Circuit’s earlier practice “discretionary” and declining to follow it, instead remanding case to district court for decision on excusable neglect).

II.

Consideration of Long’s first claim, that his firearms conviction was not supported by sufficient evidence, requires some elaboration of the pertinent facts. On the evening of November 16, 1988, pursuant to a valid search warrant, several officers of the D.C. Metropolitan Police Department forced their way into a one-room basement apartment where Mayfield lived. They found Long emerging from behind a curtain that separated the back of the room from the front. Tr. I at 23-24, 25, 68; Tr. II at 8. The police arrested Long and three other individuals, including Mayfield,5 and began a search for evidence of drug-related activity.

The search was hardly arduous; the one-room apartment brimmed with evidence. In the front part of the apartment, the police found rock cocaine, a razor blade, and a butane torch lying on a table.

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905 F.2d 1572, 284 U.S. App. D.C. 405, 30 Fed. R. Serv. 620, 1990 U.S. App. LEXIS 10058, 1990 WL 83976, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-keith-d-long-united-states-of-america-v-sonia-e-cadc-1990.