United States v. Justice

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-7774
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
ARTHUR GRAHAM JUSTICE,
Defendant - Appellant.
Appeal from the United States District Court for the Southern
District of West Virginia, at Bluefield. David A. Faber, Chief
District Judge. (1:01-cr-00234; 1:04-cv-00447)
Submitted: March 22, 2007 Decided: March 28, 2007
Before WIDENER and WILKINSON, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Arthur Graham Justice, Appellant Pro Se. Michael Lee Keller, OFFICE
OF THE UNITED STATES ATTORNEY, Charleston, West Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Arthur Graham Justice seeks to appeal the district
court’s order accepting the recommendation of the magistrate judge
and denying his motion for reduction of sentence under 18
U.S.C.A. § 3582 (West 2000 & Supp. 2005). 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 denying the motion
for reduction of sentence on June 29, 2006. The notice of appeal
was filed on October 12, 2006. Because Justice failed to file a
timely notice of appeal or to obtain an extension of the appeal
period, we dismiss the appeal. We deny Justice’s motion for bail
pending 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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