United States v. Larry Jackson

205 F. App'x 469

• Court: Court of Appeals for the Eighth Circuit
• Decided: November 14, 2006
• Docket: 05-3988
• Status: Unpublished

Opinion

[UNPUBLISHED]

PER CURIAM.

Larry Jackson has filed an untimely notice of appeal (NOA) from the district court’s September 26, 2005 denial of his 18 U.S.C. § 3582(c)(2) sentence-reduction motion. See Fed. R.App. P. 4(b)(1)(A) (10 days to appeal in criminal cases); United States v. Petty, 82 F.3d 809, 810 (8th Cir.1996) (per curiam) (time limits for appealing in criminal cases apply to appeal from denial of § 3582(c)(2) motion). Because the NOA was due October 10, 2005, and is deemed filed October 19, see Fed. R.App. P. 4(c) (prison mailbox rule), it was less than thirty days late, and thus we remand to the district court to determine whether Jackson’s failure to file a timely NOA was due to excusable neglect, and if so, whether the time for filing his NOA should be extended. See Fed. R.App. P. 4(b)(4); United States v. Austin, 217 F.3d 595, 598 (8th Cir.2000).