US v. Oran Wood

Filing 920090113

Opinion

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-7151 UNITED STATES OF AMERICA, Plaintiff Appellee, v. ORAN TYRONE WOOD, Defendant Appellant. Appeal from the United States District Court for the Western District of Virginia, at Harrisonburg. Samuel G. Wilson, District Judge. (5:03-cr-30101-sgw-2) Submitted: November 19, 2008 Decided: January 13, 2009 Before NIEMEYER, SHEDD, and DUNCAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Oran Tyrone Wood, Appellant Pro Se. Jeb Thomas Terrien, Assistant United States Attorney, Harrisonburg, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Oran Tyrone Wood seeks to appeal the district court's order denying a reduction of sentence under 18 U.S.C. 3582 (2006). In criminal cases, the defendant must file the notice Fed. R. of appeal within ten days after the entry of judgment. 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 district court entered its order denying a reduction of sentence on March 14, 2008. was filed on June 26, 2008. See The notice of appeal R. App. P. 4(c); Fed. Houston v. Lack, 487 U.S. 266 (1988). Because Wood failed to file a timely notice of appeal or to obtain an extension of the appeal period, we dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 2

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