United States v. Tavon McPhaul

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-4172
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
TAVON MCPHAUL, a/k/a Block,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Marvin J. Garbis, Senior District
Judge. (1:12-cr-00616-MJG-3)
Submitted: November 7, 2014 Decided: November 20, 2014
Before WYNN and DIAZ, Circuit Judges, and DAVIS, Senior Circuit
Judge.
Remanded by unpublished per curiam opinion.
Beth M. Farber, HARRIS O’BRIEN, New York, New York, for
Appellant. Rod J. Rosenstein, United States Attorney, Benjamin
M. Block, OFFICE OF THE UNITED STATES ATTORNEY, Baltimore,
Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Tavon McPhaul seeks to appeal his conviction and
sentence. The Government has moved to dismiss the appeal as
untimely. 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). 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 judgment on January 13,
2014. McPhaul filed the notice of appeal on February 26, 2014,
after the fourteen-day period expired but within the thirty-day
excusable neglect period. Because the notice of appeal was
filed within the excusable neglect period, we remand the case to
the district court for the court to determine whether McPhaul
has shown excusable neglect or good cause warranting an
extension of the fourteen-day appeal period. The record, as
supplemented, will then be returned to this court for further
consideration. We defer action on the Government’s motion to
dismiss the appeal.
REMANDED
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