US v. Eric Walker

Filing 920090122

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-7442

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ERIC SHAWN WALKER, Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Richard L. Williams, Senior District Judge. (3:02-cr-00161-RLW-1)

Submitted:

January 15, 2009

Decided:

January 22, 2009

Before MOTZ and Circuit Judge.

SHEDD,

Circuit

Judges,

and

HAMILTON,

Senior

Remanded by unpublished per curiam opinion.

Eric Shawn Walker, Appellant Pro Se. Olivia N. Hawkins, OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Eric Shawn Walker seeks to appeal the district court's order denying his motion for reduction of sentence under 18

U.S.C. § 3582(c)(2) (2006).

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 applies). is criminal in nature and ten-day appeal period

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 July 9, 2008.

Walker filed

the notice of appeal on July 28, 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 Walker 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).
*

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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

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