United States v. Damone Tyson , 706 F. App'x 321 ( 2017 )

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 17a0693n.06
Case No. 17-3245
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
FILED
Dec 18, 2017
UNITED STATES OF AMERICA, ) DEBORAH S. HUNT, Clerk
)
Plaintiff-Appellee, )
) ON APPEAL FROM THE UNITED
v. ) STATES DISTRICT COURT FOR
) THE NORTHERN DISTRICT OF
DAMONE TYSON, ) OHIO
)
Defendant-Appellant. )
BEFORE: NORRIS, ROGERS, and THAPAR, Circuit Judges.
PER CURIAM. Damone Tyson filed his notice of appeal one day late. Because the
government has raised this issue, we must dismiss.
On February 8, 2017, the district court entered a criminal judgment against Damone
Tyson. Since Tyson was incarcerated, he had until February 22 to mail his notice of appeal to
the court. See Fed. R. App. P. 4(b)(1) (criminal defendant must file notice of appeal within
fourteen days of the entry of the judgment being appealed), 4(c)(1)–(2) (providing that, where
certain requirements are met, inmate’s notice of appeal is deemed filed on date of mailing),
26 (setting out deadline-calculation rules). He did so on February 23. One day late.
Although Rule 4(b) is not jurisdictional, “[w]e are required to dismiss late-filed criminal
appeals when the government has raised the issue.” United States v. Dominguez, 513 F. App’x
458, 463 (6th Cir. 2013) (citing United States v. Gaytan-Garza, 652 F.3d 680, 681 (6th Cir.
Case No. 17-3245
United States v. Tyson
2011) (per curiam)). Here, the government raised the untimeliness issue, Tyson’s notice of
appeal was indeed one day late, and Tyson has offered no response.
***
This appeal is therefore DISMISSED.
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