United States v. Antione Cowan

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JAN 27 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 22-50076
Plaintiff-Appellee, D.C. No. 3:19-cr-04906-LAB-1
v.
MEMORANDUM*
ANTIONE JAMES COWAN,
Defendant-Appellant.
Appeal from the United States District Court
for the Southern District of California
Larry A. Burns, District Judge, Presiding
Submitted January 18, 2023**
Before: GRABER, PAEZ, and NGUYEN, Circuit Judges.
Antione James Cowan appeals from the district court’s order denying his
motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A)(i). We dismiss
Cowan’s appeal as untimely.
Giving Cowan the benefit of the mailbox rule, he filed his notice of appeal
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
59 days after the district court’s order denying his motion for compassionate
release, well outside the 14-day deadline and the 30-day extension of time the
district court could have granted. See Fed. R. App. P. 4(b)(1)(A), 4(b)(4). Because
the government properly objected to Cowan’s untimely notice of appeal, we must
dismiss. See United States v. Sadler, 480 F.3d 932, 942 (9th Cir. 2007).
DISMISSED.
2 22-50076