US v. Brandon Peguese

Filing 920081103


Download PDF
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-4313 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. BRANDON JAMES PEGUESE, a/k/a Geese, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Greenville. G. Ross Anderson, Jr., District Judge. (6:07-cr-00017-GRA-4) Submitted: October 14, 2008 Decided: November 3, 2008 Before TRAXLER, KING, and DUNCAN, Circuit Judges. Remanded by unpublished per curiam opinion. D. Craig Brown, Florence, South Carolina, for Appellant. Alan Lance Crick, Assistant United States Attorney, Greenville, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Brandon James Peguese seeks to appeal his conviction, pursuant to a guilty plea, on one count of conspiracy to possess with intent to distribute five kilograms or more of cocaine and the resulting sentence of 121 months. 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 2007. district court entered judgment on November 2, Peguese filed the notice of appeal on March 10, 2008. Because Peguese is incarcerated, the notice is considered filed as of the date it was properly delivered to prison officials for mailing to the court. 487 U.S. 266 (1988). ten-day period Fed. R. App. P. 4(c)(1); Houston v. Lack, The notice of appeal is dated after the but within the thirty-day excusable expired neglect period. Peguese mailing. purpose of gave the The record is otherwise ambiguous as to when notice of appeal remand to prison case court officials the for Accordingly, allowing we the the for to limited this district obtain information from the parties. If the district court determines that the notice of appeal was given to prison officials during 2 the excusable neglect period, the court should proceed to determine whether Peguese has shown excusable neglect or good cause warranting an extension of the ten-day appeal period. The record, as supplemented, will then be returned to this court for further consideration. REMANDED 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?