United States v. Cribb , 280 F. App'x 310 ( 2008 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-6397
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
CHARLES ALLEN CRIBB,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Florence. R. Bryan Harwell, District Judge.
(4:05-cr-00901-RBH-2)
Submitted: May 29, 2008 Decided: June 5, 2008
Before TRAXLER, GREGORY, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Charles Allen Cribb, Appellant Pro Se. Alfred William Walker
Bethea, Jr., Assistant United States Attorney, Florence, South
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Charles Allen Cribb seeks to appeal the district court’s
order denying his motion for reduction of sentence under 18
U.S.C.A. § 3582 (West 2000 & Supp. 2008). 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); see United
States v. Alvarez, 210 F.3d 309, 310 (5th Cir. 2000) (holding
that § 3582 proceeding is criminal in nature and ten-day appeal
period applies). 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 its oral order denying the
motion for reduction of sentence on January 29, 2008. The notice
of appeal was filed on March 11, 2008. Because Cribb 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
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