United States v. Tanya M. Legg

• Court: Court of Appeals for the Eleventh Circuit
• Decided: November 9, 2023
• Docket: 22-12642
• Status: Unpublished

Opinion

USCA11 Case: 22-12642 Document: 23-1 Date Filed: 11/09/2023 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

____________________

No. 22-12642 Non-Argument Calendar ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus TANYA M. LEGG,

Defendant-Appellant.

Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 6:19-cr-00224-WWB-EJK-2 ____________________ USCA11 Case: 22-12642 Document: 23-1 Date Filed: 11/09/2023 Page: 2 of 2

2 Opinion of the Court 22-12642

Before WILSON, GRANT, and ABUDU, Circuit Judges. PER CURIAM: The government’s motion to dismiss the notice of appeal as untimely is GRANTED, and this appeal is DISMISSED. Tanya Legg, a federal prisoner proceeding pro se, appeals the district court’s denial of her motion for compassionate release. The appli- cable time limit required her to file her notice of appeal on or be- fore September 29, 2021, 14 days after the district court’s order was entered on September 15, 2021. See Fed. R. App. P. 4(b)(1)(A)(i); United States v. Fair, 326 F.3d 1317, 1318 (11th Cir. 2003). Her notice of appeal, deemed filed on July 25, 2022, is therefore untimely. See Fed. R. App. P. 4(c)(1); Jeffries v. United States, 748 F.3d 1310, 1314 (11th Cir. 2014). The government moves to dismiss the notice of appeal as untimely, and so we “must apply the time limits of Rule 4(b).” United States v. Lopez, 562 F.3d 1309, 1313‑14 (11th Cir. 2009). Additionally, Legg is not eligible for relief under Rule 4(b)(4) because she filed her notice of appeal outside the additional 30‑day period for an extension of time to appeal, which ended on October 29, 2021. See Fed. R. App. P. 4(b)(4); Lopez, 562 F.3d at 1314; United States v. Ward, 696 F.2d 1315, 1317-18 (11th Cir. 1983).