United States v. Champagne ( 2009 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-4372
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
BRIAN CHAMPAGNE,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Roger W. Titus, District Judge.
(8:06-cr-00481-RWT-1)
Submitted: July 30, 2009 Decided: December 28, 2009
Before WILKINSON and KING, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Meghan Suzanne Skelton, Assistant Federal Public Defender,
Greenbelt, Maryland; James Wyda, Federal Public Defender,
Baltimore, Maryland, for Appellant. Daniel J. Fortune, OFFICE OF
THE UNITED STATES ATTORNEY, Baltimore, Maryland; Mara B. Zusman,
OFFICE OF THE UNITED STATES ATTORNEY, Greenbelt, Maryland, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Brian Champagne seeks to appeal his conviction and
sentence. In criminal cases, the defendant must file the notice
of appeal within ten days after the entry of judgment. Fed. R.
App. P. 4(b)(1)(A). With or without a motion, upon a showing of
excusable neglect or good cause, the district court may grant an
extension of up to thirty days to file a notice of appeal. Fed.
R. App. P. 4(b)(4); United States v. Reyes, 759 F.2d 351, 353
(4th Cir. 1985). The district court entered judgment on
January 9, 2007. The notice of appeal was filed on August 22,
2008. Because Champagne failed to file a timely notice of
appeal or to obtain an extension of the appeal period, we
dismiss the appeal. 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.
DISMISSED
2