United States v. Brown

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-6905
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
BOBBY JAMES BROWN,
Defendant – Appellant.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Andre M. Davis, District Judge. (1:00-
cr-00100-AMD-1)
Submitted: August 6, 2009 Decided: September 2, 2009
Before WILKINSON, KING, and SHEDD, Circuit Judges.
Remanded by unpublished per curiam opinion.
Bobby James Brown, Appellant Pro Se. Rod J. Rosenstein, United
States Attorney, Baltimore, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Bobby James Brown seeks to appeal the district court’s
orders denying his 18 U.S.C. § 3582(c)(2) (2006) motion and his
motion for reconsideration. 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).
In an order filed on April 13, 2009, and entered on
April 14, 2009, the district court denied Brown’s § 3582(c)(2)
motion. The order denying Brown’s motion for reconsideration
was entered on April 22, 2009. Brown’s notice of appeal, dated
May 11, 2009, was filed on May 13, 2009, after the ten-day
period expired but within the thirty-day excusable neglect
period. Because Brown filed the notice of appeal within the
excusable neglect period, we remand the case to the district
court for the court to determine whether Brown has shown
excusable neglect or good cause warranting an extension of the
ten-day appeal period. The record, supplemented, will then be
returned to this court for further consideration.
REMANDED
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