United States v. Miles , 201 F. App'x 172 ( 2006 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 06-6745
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    versus
    RON CHRISTOPHER MILES,
    Defendant - Appellant.
    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh. W. Earl Britt, Senior
    District Judge. (7:97-cr-00059-BR)
    Submitted: September 26, 2006             Decided: September 29, 2006
    Before WIDENER and WILKINSON, Circuit Judges, and HAMILTON, Senior
    Circuit Judge.
    Affirmed by unpublished per curiam opinion.
    Ron Christopher Miles, Appellant Pro Se. Christine Witcover Dean,
    Assistant United States Attorney, Raleigh, North Carolina, for
    Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).
    PER CURIAM:
    Ron   Christopher   Miles   seeks   to   appeal   the   district
    court’s order denying his motion to modify and/or correct sentence,
    and his motion for reconsideration.*     We have reviewed the record
    and find no reversible error.    Accordingly we affirm.      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.
    AFFIRMED
    *
    Miles’s notice of appeal listed only the district court’s
    order denying his motion for reconsideration. His informal brief
    states that he is also appealing the district court’s order
    revoking his supervised release and a subsequent order denying his
    motion for clarification. In criminal cases, the defendant must
    file the notice of appeal within ten 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 its
    order revoking supervised release on June 10, 2005, and its order
    denying Miles’ motion for clarification on December 6, 2005. The
    notice of appeal was filed on April 19, 2006. Because Miles failed
    to file a timely notice of appeal or to obtain an extension of the
    appeal period, we lack jurisdiction to review the district court’s
    orders revoking Miles’ supervised release and denying his motion
    for clarification.
    - 2 -
    

Document Info

Docket Number: 06-6745

Citation Numbers: 201 F. App'x 172

Judges: Hamilton, Per Curiam, Widener, Wilkinson

Filed Date: 9/29/2006

Precedential Status: Non-Precedential

Modified Date: 8/7/2023