United States v. Reza , 401 F. App'x 757 ( 2010 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-4808
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
MOSES REZA,
Defendant – Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. N. Carlton Tilley,
Jr., Senior District Judge. (1:09-cr-00158-NCT-1)
Submitted: October 4, 2010 Decided: November 10, 2010
Before MOTZ, SHEDD, and KEENAN, Circuit Judges.
Remanded by unpublished per curiam opinion.
Ronald Cohen, Wilmington, North Carolina, for Appellant. Sandra
Jane Hairston, Assistant United States Attorney, Greensboro,
North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Moses Reza seeks to appeal his conviction and
sentence. 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 the amended judgment on May
24, 2010. Reza filed the notice of appeal on July 6, 2010, see
Fed. R. App. P. 4(d), 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 Reza 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
2