-
PER CURIAM: Shon Edward Meeks 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 May 27, 2005. Meeks filed the notice of appeal on June 23, 2005, after the ten-day period expired but within the thirty-day excusable neglect period. Because the notice of appeal was filed within the excusable neglect period, we remand the case to the district court for the limited purpose of permitting the court to determine whether Meeks has shown excusable neglect or good cause warranting an extension of the ten-day appeal period. The record, as supplemented, will then be returned to this court for further consideration.
REMANDED
Document Info
Docket Number: No. 05-4676
Citation Numbers: 205 F. App'x 147
Judges: Gregory, King, Williams
Filed Date: 10/11/2006
Precedential Status: Precedential
Modified Date: 10/19/2024