United States v. McCoy

43 F. App'x 689

Opinion

OPINION

PER CURIAM.

The notice of appeal in this case was received in the district court after expiration of the appeal period. Under Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988), the notice is considered filed as of the date Appellant delivered it to prison officials for forwarding to the court. Because Appellant alleges that he timely delivered his notice of appeal to prison authorities, we remand the case for the district court to deter-mine the timeliness of the filing under Houston v. Lack. The record, as supplemented, will then be returned to this court for further consideration.

REMANDED.