United States v. Alexander ( 2005 )


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  •                                UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 05-6545
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    versus
    CLARENCE EDWARD ALEXANDER,
    Defendant - Appellant.
    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh.   Terrence W. Boyle,
    District Judge. (CR-95-13-BO)
    Submitted:   August 18, 2005                 Decided:   August 25, 2005
    Before WIDENER, WILLIAMS, and MICHAEL, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Clarence Edward Alexander, Appellant Pro Se. Yvonne Victoria
    Watford-McKinney, 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    Unpublished opinions are not binding precedent in this circuit.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:
    Clarence Edward Alexander seeks to appeal his conviction
    and sentence.       In criminal cases, the defendant must file his
    notice of appeal within ten days of the entry of judgment.            Fed. R.
    App. P. 4(b)(1)(A).      With or without a motion, the district court
    may grant an extension of time to file of up to thirty days upon a
    showing of excusable neglect or good cause.                Fed. R. App. P.
    4(b)(4); United States v. Reyes, 
    759 F.2d 351
    , 353 (4th Cir. 1985).
    The district court entered its judgment on February 2,
    1996.   Alexander filed his notice of appeal on March 16, 2005, far
    beyond the appeal or extension period. Accordingly, we dismiss the
    appeal as untimely filed.       We dispense with oral argument as the
    facts   and    legal   contentions   are     adequately   presented   in   the
    materials before the court.
    DISMISSED
    - 2 -
    

Document Info

Docket Number: 05-6545

Filed Date: 8/25/2005

Precedential Status: Non-Precedential

Modified Date: 10/30/2014