United States v. Grande , 213 F. App'x 155 ( 2006 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-7557
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
OSCAR ANTONIO GRANDE, a/k/a Pantera,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Gerald Bruce Lee, District
Judge. (1:04-cr-00283-GBL)
Submitted: December 14, 2006 Decided: December 21, 2006
Before MICHAEL, GREGORY, and SHEDD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Oscar Antonio Grande, Appellant Pro Se. Ronald Leonard Walutes,
Jr., OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Oscar Antonio Grande appeals from the district court’s
orders denying his motion to extend the appeal period in his
criminal case. 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 against Grande on
September 12, 2005. Grande filed a “Motion for Delayed Appeal and
Appointment of Counsel” on April 30, 2006, and a “Motion of Leave
to File Late Defendant’s Notice of Appeal Nunc Pro Tunc” on
June 30, 2006. Because Grande failed to file a motion or otherwise
obtain an extension of the appeal period, the district court denied
his motions. We have reviewed the record and find no reversible
error. Accordingly, we affirm for the reasons stated by the
district court. See United States v. Grande, No. 1:04-cr-00283-GBL
(E.D. Va. filed May 22, 2006 & entered May 23, 2006). 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.
AFFIRMED
- 2 -