US v. Cephus Pierce

Filing 920090226

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-8254

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. CEPHUS PIERCE, Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at Florence. C. Weston Houck, Senior District Judge. (4:03-cr-00474-CWH-24)

Submitted:

February 19, 2009

Decided:

February 26, 2009

Before WILKINSON, DUNCAN, and AGEE, Circuit Judges.

Remanded by unpublished per curiam opinion.

Cephus Pierce, Appellant Pro Se. Alfred William Walker Bethea, Jr., Assistant United States Attorney, Florence, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Cephus order denying Pierce seeks for to appeal the of district sentence court's under 18

his

motion

reduction

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 denying the

motion for reduction of sentence on September 23, 2008. filed the notice of appeal but on October the 15, 2008,

Pierce the

after

ten-day

period

expired

within

thirty-day

excusable

neglect period.

Because the notice of appeal was filed within

the excusable neglect period, we remand the case to the district court for the court to determine whether Pierce has shown

excusable neglect or good cause warranting an extension of the

2

ten-day appeal period.

The record, as supplemented, will then

be returned to this court for further consideration.

REMANDED

3