United States v. Latosha Strong

Opinion

USCA11 Case: 25-10633 Document: 29-1 Date Filed: 11/10/2025 Page: 1 of 3

NOT FOR PUBLICATION

In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 25-10633 Non-Argument Calendar ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus

LATOSHA STRONG, Defendant-Appellant. ____________________ Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 8:24-cr-00152-WFJ-SPF-1 ____________________

Before JORDAN, BRASHER, and KIDD, Circuit Judges. PER CURIAM: Latosha Strong appeals from an interlocutory magistrate judge order, entered on February 3, 2025, finding her incompetent USCA11 Case: 25-10633 Document: 29-1 Date Filed: 11/10/2025 Page: 2 of 3

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to proceed and committing her to the custody of the Attorney Gen- eral for treatment. We issued a jurisdictional question to the parties regarding our jurisdiction to directly review magistrate judge orders. The government responded that we should dismiss this appeal as un- timely. Because Strong’s untimely notice of appeal was filed within the 30-day window in which an extension of time may have been granted under Federal Rule of Appellate Procedure 4(b)(4), we re- manded the case to the district court for a determination of whether such an extension was justified. On remand, the district court found that it was not. A criminal defendant must file a notice of appeal within 14 days after the entry of the judgment or order appealed. Fed. R. App. P. 4(b)(1)(A). If the final day of an appeal period falls on a holiday or weekend, the final day to appeal becomes the next day that is not a holiday or weekend. Fed. R. App. P. 26(a)(1)(C). This time limit is a non-jurisdictional claims-processing rule that we must enforce if the government raises it. United States v. Lopez, 562 F.3d 1309, 1312-13 (11th Cir. 2009). A district court can extend the appeal period for 30 days upon a finding of excusable neglect or good cause. Fed. R. App. P. 4(b)(4). Here, Strong had until February 18, the first business day following expiration of the 14-day period, to appeal from the Feb- ruary 3 order. Fed. R. App. P. 4(b)(1)(A), 26(a)(1)(C). She did not file her notice of appeal until February 26, and the district court determined that an extension of time was not justified. Because USCA11 Case: 25-10633 Document: 29-1 Date Filed: 11/10/2025 Page: 3 of 3

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the government has raised the issue of timeliness, we must enforce the time limit and dismiss this appeal. See Lopez, 562 F.3d at 1312-13. Accordingly, this appeal is DISMISSED as untimely.