US v. Dennis Brewer

Filing 920081029

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-7126

UNITED STATES OF AMERICA, Plaintiff- Appellee, v. DENNIS ALLEN BREWER, Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. T. S. Ellis III, Senior District Judge. (1:91-cr-00342-TSE-1)

Submitted:

October 21, 2008

Decided:

October 29, 2008

Before MICHAEL, TRAXLER, and DUNCAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Dennis Allen Brewer, Appellant Pro Se. Beth Nicole Gibson, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Dennis court's order to Allen Brewer his seeks to appeal from under criminal the 360 18 district months' U.S.C.A. the

reducing 324 &

sentence imprisonment

imprisonment § 3582 (West

months' Supp.

2000

2008).

In

cases,

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 ten-day 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 2008. district court entered its order on April 25,

The notice of appeal was filed on June 19, 2008.

Because

Brewer failed to file a timely notice of appeal or to obtain an extension dispense of with the appeal period, we dismiss the the facts appeal. and We legal

oral

argument

because

contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED

2