United States v. Williams

102 F. App'x 359

Opinion

PER CURIAM:

Lloyd Anthonie Williams seeks to appeal from the district court’s order denying his motion to dismiss the indictment for lack of jurisdiction. We remand to the district court for factual determinations regarding whether Williams’ motions for default and summary judgment can constitute a timely notice of appeal, Houston v. Lack, 487 U.S. 266, 276, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988), and whether his motion to file an appeal out of time meets the requirements to reopen the appeals period. Fed. R.App. P. 4(a)(6). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

REMANDED