United States v. S.Hernandez-Arellano , 17 F. App'x 505 ( 2001 )

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 01-1642
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United States of America, *
*
Appellee, * Appeal from the United States
* District Court for the Western
v. * District of Arkansas.
*
Sergio Hernandez-Arellano, * [UNPUBLISHED]
*
Appellant. *
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Submitted: August 28, 2001
Filed: August 31, 2001
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Before WOLLMAN, Chief Judge, RICHARD S. ARNOLD, and BYE, Circuit Judges.
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PER CURIAM.
After he was sentenced upon his conviction of illegal reentry following
deportation for an aggravated felony, Sergio Hernandez-Arellano filed his notice of
appeal twenty-one days after judgment was entered in the district court.1 Although
Hernandez-Arellano’s notice of appeal is untimely, see Fed. R. App. P. 4(b)(1)(A)(i),
we remand the case to the district court to determine whether the time for filing a notice
of appeal should be extended under Federal Rule of Appellate Procedure 4(b)(4). See
1
The Honorable Jimm Larry Hendren, Chief Judge, United States District Court
for the Western District of Arkansas.
United States v. Austin, 217 F.3d 595, 597 (8th Cir. 2000); United States v. Petty, 82
F.3d 809, 810 (8th Cir. 1996) (per curiam).
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
-2-