US v. Darron Owens

Filing 920081028

Opinion

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-7009 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DARRON OWENS, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Orangeburg. Cameron McGowan Currie, District Judge. (5:01-cr-00084-CMC) Submitted: October 21, 2008 Decided: October 28, 2008 Before MICHAEL, TRAXLER, and DUNCAN, Circuit Judges. Remanded by unpublished per curiam opinion. Darron Owens, Appellant Pro Se. Stacey Denise Haynes, Assistant United States Attorney, Columbia, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Darron order denying Owens seeks for to appeal the of district sentence court's under 18 his motion reduction U.S.C.A. 3582 (West 2000 & Supp. 2008). 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); see United States v. Alvarez, 210 F.3d 309, 310 (5th Cir. 2000) (holding that 3582 proceeding is criminal in nature and tenday appeal period applies). 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 denying the motion for reduction of sentence on May 20, 2008. Owens filed the notice of appeal on June 12, 2008, * after the ten-day period expired Because but the within notice the of thirty-day appeal was excusable filed neglect the period. within excusable neglect period, we remand the case to the district court for the court to determine whether Owens has shown excusable neglect or For the purpose of this appeal, we assume that the date appearing on the notice of appeal is the earliest date it could have been properly delivered to prison officials for mailing to the court. Fed. R. App. P. 4(c); Houston v. Lack, 487 U.S. 266 (1988). * 2 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

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