United States v. Clevon Murray , 585 F. App'x 144 ( 2014 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-4261
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
CLEVON DOUGLAS MURRAY,
Defendant - Appellant.
Appeal from the United States District Court for the Southern
District of West Virginia, at Beckley. Irene C. Berger,
District Judge. (5:11-cr-00213-1)
Submitted: October 24, 2014 Decided: November 5, 2014
Before WYNN, DIAZ, and FLOYD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
David Schles, LAW OFFICE OF DAVID SCHLES, Charleston, West
Virginia, for Appellant. John Lanier File, Assistant United
States Attorney, Beckley, West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Clevon Douglas Murray seeks to appeal his conviction
and seventy-month sentence imposed pursuant to a guilty plea to
possession of a firearm by a convicted felon, in violation of 18
U.S.C. § 922(g)(1) (2012), and his consecutive twenty-four-month
sentence imposed by the district court in its judgment revoking
his supervised release on a prior felony conviction. Counsel
has filed a brief pursuant to Anders v. California, 386 U.S. 738(1967), stating that there are no meritorious issues for appeal,
but questioning whether (1) Murray received ineffective
assistance of counsel, (2) he was competent to plead guilty, and
(3) the district court’s sentence is procedurally and
substantively reasonable. Because this appeal is untimely, we
dismiss.
In a criminal case, a defendant must file his notice
of appeal within fourteen days after the entry of judgment.
Fed. R. App. P. 4(b)(1)(A)(i). 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 judgments on the docket
on June 28, 2012. Murray filed a pro se notice of appeal on
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March 25, 2014, ∗ nearly twenty-one months after the appeal period
expired. Because Murray failed to file a timely notice of
appeal or obtain an extension of the appeal period, and because
the delay in noting the appeal was inordinate, we dismiss the
appeal.
This court requires that counsel inform Murray, in
writing, of the right to petition the Supreme Court of the
United States for further review. If Murray requests that a
petition be filed, but counsel believes that such a petition
would be frivolous, then counsel may move in this court for
leave to withdraw from representation. Counsel’s motion must
state that a copy thereof was served on Murray. We dispense
with oral argument because the facts and legal contentions are
adequately presented in the material before this court and
argument will not aid the decisional process.
DISMISSED
∗
This is the date that appears on the notice of appeal
Murray gave to prison officials for mailing to the district
court. Fed. R. App. P. 4(c); Houston v. Lack, 487 U.S. 266, 276
(1988).
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