United States v. Thaddeus Timeaus Howard

• Court: Court of Appeals for the Eleventh Circuit
• Decided: August 20, 2024
• Docket: 24-11168
• Status: Unpublished

Opinion

USCA11 Case: 24-11168 Document: 26-1 Date Filed: 08/20/2024 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 24-11168 Non-Argument Calendar ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus THADDEUS TIMEAUS HOWARD,

Defendant-Appellant.

Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 8:22-cr-00307-SDM-CPT-1 ____________________ USCA11 Case: 24-11168 Document: 26-1 Date Filed: 08/20/2024 Page: 2 of 2

2 Opinion of the Court 24-11168

Before WILSON, ROSENBAUM, and LUCK, Circuit Judges. PER CURIAM: The government’s motion to dismiss the appeal as untimely is GRANTED, and this appeal is DISMISSED. Thaddeus Howard, a federal prisoner, filed a pro se notice of appeal from his sentence for possession of a firearm by a convicted felon. The applicable time limit required him to file his notice of appeal on or before Feb- ruary 28, 2023, 14 days after judgment was entered on February 14, 2023. See Fed. R. App. P. 4(b)(1)(A)(i). His notice of appeal, deemed filed on April 5, 2024, 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, Howard is not eligible for relief under Rule 4(b)(4) because he filed his notice of appeal outside the additional 30‑day period for an extension of time to appeal, which ended on March 30, 2023. 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). The Office of the Federal Defender’s motion to withdraw as counsel for Howard is GRANTED.