United States v. Leonard Oliver

878 F.3d 120
CourtCourt of Appeals for the Fourth Circuit
DecidedDecember 20, 2017
Docket15-4376
StatusPublished
Cited by127 cases

This text of 878 F.3d 120 (United States v. Leonard Oliver) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth 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. Leonard Oliver, 878 F.3d 120 (4th Cir. 2017).

Opinion

Dismissed by published opinion. Chief Judge Gregory wrote the opinion, in which Judge Wynn and Judge Diaz joined.

GREGORY, Chief Judge:

This case addresses our authority to dismiss súa sponte a criminal appeal as untimely under Federal Rule of Appellate Procedure 4(b)(1)(A). Leonard Oliver appealed his criminal conviction years after the Rule 4(b)(1)(A) filing deadline and nearly three months after the district court denied his motion to vacate the conviction under 28 U.S.C. § 2255. The Government failed to object to the appeal’s untimeliness. It is now for this Court to decide whether to proceed to the merits.

Wé conclude that this Court has the authority to dismiss untimely criminal ap-' peals sua sponte but that it should exercise that authority only in extraordinary circumstances. Given the procedural history of Oliver’s case, we find that such extraordinary circumstances are present here and dismiss the appeal..

I.

Leonard Oliver pleaded guilty to attempt to possess with intent to distribute 500 grams or more of cocaine and was sentenced to ten years in prison, the mandatory minimum sentence for the offense given his criminal record. See 21 U.S.C. §§ 84i(b)(l)(B), 846. 1 The district court entered its judgment on September 30, 2011. The following year, Oliver filed a timely pro se motion to vacate the conviction and sentence under 28 U.S.C. § 2255 based on three ineffective-assistance-of-counsel claims. Oliver v. United States, No. 5:11-435, 2014 WL 5506758, at *2-3 (D.S.C. Oct. 29, 2014). The district' court ultimately granted summary judgment in the Government’s favor in March 2015, See id. at *5; J.A. 9.

On June 18, 2015, Oliver filed a pro se notice of appeal, seeking to directly appeal the same conviction and sentence from September 30, 2011, This Court assigned counsel, who then filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). The Government notified this Court that'it would hot file a response brief. Oliver was informed of his right to file separately but did not do so.

n.

The time for filing an appeal from a criminal judgment is governed by Federal Rule of Appellate Procedure 4(b). The Rule requires that “a defendant’s notice of appeal must be filed in the district court within 14 days after ... the entry of either the judgment or the order being appealed.” Fed. R. App. P. 4(b)(1)(A).

Without question, Oliver’s appeal is years late. The judgment was entered on September 30, 2011. To comply with Rule 4(b)(1)(A), Oliver needed to notice his appeal by October 14, 2011. Oliver nonetheless filed the notice on June 18, 2015— three years and eight months after the deadline. We have held that when a notice of appeal is filed after the 4(b)(1)(A) deadline but within thirty days of that deadline, district, courts should determine whether the late filing was due to “excusable neglect or good cause” under Rule 4(b)(4). See United States v. Reyes, 759 F.2d 351, 353 (4th Cir. 1985). Given that Oliver’s notice was far more than thirty days late, however, Rule 4(b)(4)’s extension of time to file for excusable neglect or good, cause is no help to him.

We note at the outset that Oliver’s failure to adhere to Rule 4(b)(l)(A)’s filing deadline does not deprive this Court of subject-matter jurisdiction. See United States v. Urutyan, 564 F.3d 679, 685 (4th Cir. 2009). Rather, Rule 4(b)(1)(A) is an inflexible claim-processing rule. See id. (explaining that Rule 4(b) is judicially created and “not backstopped by any federal statutory deadline”); Hamer v. Neighborhood Hous. Servs. of Chi., — U.S. -, 138 S.Ct. 13, 17, 199 L.Ed.2d 249 (2017) (“A time limit not prescribed by Congress ranks as a mandatory claim-processing rule, serving ‘to promote the orderly progress of litigation by requiring that the parties take certain procedural steps at' certain specified times.’ ” (quoting Henderson v. Shinseki, 562 U.S. 428, 435, 131 S.Ct. 1197, 179 L.Ed.2d 159 (2011))). When the Government promptly invokes the rule in response to a late-filed criminal appeal, we must dismiss. See Eberhart v. United States, 546 U.S. 12, 18, 126 S.Ct. 403, 163 L.Ed.2d 14 (2005) (per curiam) (discussing Rule 4(b)’s predecessor, Federal Rule of Criminal Procedure 37); see also Rice v. Rivera, 617 F.3d 802, 810 (4th Cir. 2010) (“Claim-processing rules ... are to be rigidly applied when invoked by a litigant.”). But, if the Government fails to object promptly to an appeal’s untimeliness in either its merits brief or an earlier motion to dismiss, it generally forfeits the right to do so. See Eberhart, 546 U.S. at 18, 126 S.Ct. 403; see also Kontrick v. Ryan, 540 U.S. 443, 458 124 S.Ct. 906, 157 L.Ed.2d 867 (2004) (noting that time bars generally, must be raised in answer or responsive pleading); United States v. Reyes-Santiago, 804 F.3d 453, 459 (1st Cir. 2015) (denying Government’s. motion to dismiss appeal under Rule 4(b)(1)(A) because motion was filed after merits brief and Government had not previously raised untimeliness issue). Here, the Government did not seek dismissal of Oliver’s appeal as untimely until well after the merits briefing, and it has provided no justification for the delay. 2 We therefore have no obligation to raise Rule 4(b) on our own motion or to dismiss the appeal in this case.

III.

The question then becomes whether we even have the authority to invoke Rule 4(b) sua sponte. It is well-settled that “[cjourts invested with the judicial power of the United States have certain inherent authority to protect their proceedings and judgments in the course of discharging their traditional responsibilities.” Degen v. United States, 517 U.S. 820, 823, 116 S.Ct. 1777, 135 L.Ed.2d 102 (1996). Inherent powers are those “necessarily vested in courts to manage their own affairs so as to achieve the orderly and expeditious disposition of cases.” United States v. Moussaoui, 483 F.3d 220, 236 (4th Cir. 2007) (quoting Link v. Wabash R.R. Co., 370 U.S. 626, 630-31, 82 S.Ct. 1386, 8 L.Ed.2d 734 (1962)). The Supreme Court has thus recognized federal courts’ inherent authority to vacate a judgment procured by fraud, see Chambers v. NASCO, Inc., 501 U.S. 32, 44, 111 S.Ct.

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Bluebook (online)
878 F.3d 120, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-leonard-oliver-ca4-2017.