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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 99-2488 ___________ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Southern District of Iowa. William Edward Simmons, * * [UNPUBLISHED] Appellant. * ___________ Submitted: December 17, 1999 Filed: January 10, 2000 ___________ Before McMILLIAN, HANSEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges. ___________ PER CURIAM. Having been convicted of conspiring to distribute cocaine base, William Edward Simmons filed his notice of appeal twenty days after judgment was entered in the district court. Although Simmons’ notice of appeal is untimely, see Fed. R. App. P. 4(b)(1)(A)(i), we remand the case to the district court to determine whether the time for filing a notice of appeal should be extended under Fed. R. App. P. 4(b)(4). See United States v. Petty,
82 F.3d 809, 810 (8th Cir. 1996) (per curiam). A true copy. Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT. -2-
Document Info
Docket Number: 99-2488
Filed Date: 1/10/2000
Precedential Status: Non-Precedential
Modified Date: 4/18/2021