United States v. Coe

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-6636
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
DWAYNE EDWARD COE,
Defendant – Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Statesville. Richard L.
Voorhees, District Judge. (5:06-cr-00037-RLV-DCK-5)
Submitted: October 14, 2010 Decided: October 21, 2010
Before MOTZ, KING, and DAVIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Dwayne Edward Coe, Appellant Pro Se. Amy Elizabeth Ray,
Assistant United States Attorney, Asheville, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Dwayne Edward Coe seeks to appeal the district court’s
order denying his motion for reduction of sentence under
18 U.S.C. § 3582 (2006). In criminal cases, the defendant must
file the notice of appeal within fourteen 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 Rule 4(b)(1)(A) 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 December 15, 2009. The
notice of appeal was filed on February 16, 2010. Because Coe
filed his notice of appeal outside the appeal and extension
period, we dismiss the 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
2