United States v. Hill , 294 F. App'x 34 ( 2008 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-7013
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DAVID LEE HILL, a/k/a Bo,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Albert V. Bryan, Jr., Senior
District Judge. (1:96-cr-00370-2)
Submitted: September 16, 2008 Decided: September 23, 2008
Before MOTZ, TRAXLER, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
David Lee Hill, Appellant Pro Se. Leslie Bonner McClendon,
Assistant United States Attorney, Alexandria, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
David Lee Hill seeks to appeal the district court’s order
reducing his sentence from 260 months’ imprisonment to 210 months’
imprisonment under 18 U.S.C.A. § 3582 (West 2000 & Supp. 2008). 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);
see United States v. Alvarez, 210 F.3d 309, 310 (5th Cir. 2000)
(holding that § 3582 proceeding is criminal in nature and ten-day
appeal period applies). 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 its order on April 18, 2008.
The notice of appeal was filed on June 9, 2008. Because Hill
failed to file a timely notice of appeal or to obtain an extension
of the appeal period, we deny leave to proceed in forma pauperis
and 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
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