US v. Derrick Muse

Filing 920090114

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-7971

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DERRICK ANTRON MUSE, a/k/a D, Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Robert E. Payne, Senior District Judge. (3:05-cr-00502-REP-1)

Submitted:

January 7, 2009

Decided:

January 14, 2009

Before MICHAEL and KING, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Derrick Antron Muse, Appellant Pro Se. Sara Elizabeth Chase, Assistant United States Attorney, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Derrick court's order Antron Muse his seeks to appeal reduction the of district sentence

granting

motion

for

under 18 U.S.C. § 3582 (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 granting the

motion for reduction of sentence on June 27, 2008. of appeal was filed on August 22, 2008. *

The notice

Because Muse 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
*

See Houston v. Lack, 487 U.S. 266, 276 (1988).

2