United States v. Lewis , 280 F. App'x 247 ( 2008 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-6415
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
TURONN LEWIS,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Frederic N. Smalkin, Senior District
Judge. (1:92-cr-00301-WDQ)
Submitted: May 22, 2008 Decided: June 2, 2008
Before MOTZ and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Turonn Lewis, Appellant Pro Se. Rod J. Rosenstein, United States
Attorney, Baltimore, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Turonn Lewis 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 June 14, 1993.
The notice of appeal was filed on December 26, 2007.* Because
Lewis 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
*
For the purpose of this appeal, we assume that the date
appearing on the notice of appeal is the earliest date it could
have been properly delivered to prison officials for mailing to the
court. Fed. R. App. P. 4(c); Houston v. Lack, 487 U.S. 266 (1988).
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