United States v. Francis ( 2006 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-7420
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
PATRICK EARL FRANCIS, a/k/a Jerome Brown,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Jackson L. Kiser, Senior
District Judge. (7:94-cr-40106-jlk-4)
Submitted: November 21, 2006 Decided: December 1, 2006
Before TRAXLER and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Patrick Earl Francis, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Patrick Earl Francis seeks to appeal his 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 April 18, 1995.
The notice of appeal was filed on August 10, 2006. Because this
notice of appeal was not timely filed, 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
*
We note that this court previously affirmed Francis’
convictions and sentence. See United States v. Francis, No. 95-
5266, 1997 WL 657132 (4th Cir. Oct. 23, 1997) (unpublished).
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