United States v. Okechukwu Amadi

Opinion

USCA11 Case: 24-12710 Document: 29-1 Date Filed: 07/17/2025 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

____________________

No. 24-12710 Non-Argument Calendar ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus OKECHUKWU DESMOND AMADI,

Defendant-Appellant.

Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 8:17-cr-00447-JSM-AEP-1 ____________________ USCA11 Case: 24-12710 Document: 29-1 Date Filed: 07/17/2025 Page: 2 of 2

2 Opinion of the Court 24-12710

Before JORDAN, ROSENBAUM, and LUCK, Circuit Judges. PER CURIAM: The government has moved to dismiss this appeal as un- timely. Okechukwu Amadi’s notice of appeal, deemed filed on Au- gust 13, 2024, under the prison mailbox rule, is untimely to chal- lenge the amended criminal judgment entered on August 28, 2023. See Fed. R. App. P. 4(b)(1)(A) (providing that in criminal cases, a defendant’s notice of appeal must be filed within 14 days after the entry of the judgment or order being appealed); United States v. Lopez, 562 F.3d 1309, 1312-14 (11th Cir. 2009) (holding that we must apply Rule 4(b)’s 14-day time limit when the government ob- jects to an untimely notice of appeal); Jeffries v. United States, 748 F.3d 1310, 1314 (11th Cir. 2014) (holding that a pro se prisoner’s notice of appeal is deemed filed on the date he delivers it to prison authorities, and absent contrary evidence, we assume that a pris- oner delivers a filing on the date he signs it). Accordingly, the government’s motion to dismiss is GRANTED, and this appeal is DISMISSED. All other pending mo- tions are DENIED as moot.