United States v. Vengoechea , 210 F. App'x 290 ( 2006 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-7540
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
REGINA VENGOECHEA, a/k/a Regina Lopez De
Vengoechea,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Greenville. Margaret B. Seymour, District
Judge. (6:99-cr-00098-MBS)
Submitted: December 14, 2006 Decided: December 21, 2006
Before MICHAEL, GREGORY, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Regina Vengoechea, Appellant Pro Se. Arthur Bradley Parham, OFFICE
OF THE UNITED STATES ATTORNEY, Florence, South Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Regina Vengoechea seeks to appeal her 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 June 27, 2000.
The notice of appeal was filed on August 30, 2006.* Because
Vengoechea 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
*
Vengoechea filed a “Certificate of Appealability” that the
district court docketed as a notice of appeal. We have given
Vengoechea the benefit of Houston v. Lack, 487 U.S. 266 (1988), and
Fed. R. App. P. 4(c), in calculating when her notice of appeal was
filed.
- 2 -