United States v. Irving

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-6383
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
PHILLIP AUBREY IRVING,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. James C. Turk, Senior District
Judge. (7:04-cr-00078-jct)
Submitted: September 29, 2006 Decided: December 20, 2006
Before MICHAEL and TRAXLER, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Phillip Aubrey Irving, Appellant Pro Se. Edward Albert Lustig,
OFFICE OF THE UNITED STATES ATTORNEY, Roanoke, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Phillip Aubrey Irving seeks to appeal the district
court’s order denying his motion for specific performance in his
criminal case. In criminal cases, the defendant must file the
notice of appeal within ten days after the entry of the order being
appealed. Fed. R. App. P. 4(b)(1)(A)(i). 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 on December 16,
2005. The notice of appeal was filed on February 9, 2006. Because
Irving failed to file a timely notice of appeal or to obtain an
extension of the appeal period, we dismiss the appeal. We deny as
moot Irving’s motion to expedite this 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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