United States v. Dubey ( 2008 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-7514
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
SUBU DUBEY,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Wilmington. James C. Fox, Senior
District Judge. (7:02-cr-00109-F-1)
Submitted: December 16, 2008 Decided: December 24, 2008
Before WILKINSON, MICHAEL, and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Subu Dubey, Appellant Pro Se. Rudolf A. Renfer, Jr., Assistant
United States Attorney, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Subu Dubey seeks to appeal his 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 January 29,
2003. The notice of appeal was filed on July 21, 2008. Because
Dubey failed to file a timely notice of appeal or obtain an
extension of the appeal period, and does not demonstrate good
cause to excuse the late filing, 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
2