United States v. Thompson , 209 F. App'x 241 ( 2006 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-4089
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
LARRY EDWARD THOMPSON, JR.,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. James C. Fox, Senior
District Judge. (CR-04-305)
Submitted: November 27, 2006 Decided: December 12, 2006
Before WILKINSON and WILLIAMS, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
George Mason Oliver, STUBBS & PERDUE, P.A., New Bern, North
Carolina, for Appellant. Anne Margaret Hayes, Assistant United
States Attorney, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Larry Edward Thompson, Jr., seeks to appeal his
conviction and sentence. Thompson’s attorney has filed a brief in
accordance with Anders v. California, 386 U.S. 738 (1967), stating
that there are no meritorious issues for appeal. Thompson has
filed a pro se supplemental brief. 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, 2005.
The notice of appeal was filed on October 5, 2005. See Houston v.
Lack, 487 U.S. 266 (1988). Because Thompson failed to file a
timely notice of appeal or obtain an extension of the appeal
period, we dismiss the appeal. This court requires that counsel
inform his client, in writing, of his right to petition the Supreme
Court of the United States for further review. If the client
requests that a petition be filed, but counsel believes that such
a petition would be frivolous, then counsel may move in this court
for leave to withdraw from representation. Counsel’s motion must
state that a copy thereof was served on the client. Finally, we
dispense with oral argument because the facts and legal contentions
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are adequately presented in the materials before the court and
argument would not aid the decisional process.
DISMISSED
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