United States v. Tanya M. Legg ( 2023 )


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  • 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    [DO NOT PUBLISH]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).
    

Document Info

Docket Number: 22-12642

Filed Date: 11/9/2023

Precedential Status: Non-Precedential

Modified Date: 11/9/2023