US v. William Williams

Filing 920090226

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-8287

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. WILLIAM MCKINLEY WILLIAMS, a/k/a PeeWee, Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Robert G. Doumar, Senior District Judge. (2:00-cr-00119-HCM-1)

Submitted:

February 19, 2009

Decided:

February 26, 2009

Before WILKINSON, DUNCAN, and AGEE, Circuit Judges.

Dismissed by unpublished per curiam opinion.

William McKinley Williams, Appellant Pro Se. Raymond Edward Patricco, Jr., Assistant United States Attorney, Alexandria, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: William McKinley Williams seeks to appeal the district court's order denying his motion for reduction of sentence 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 denying the

motion for reduction of sentence on April 17, 2008. of appeal was filed on September 22, 2008. failed to file of with the a timely appeal notice period, of we appeal dismiss the

The notice

Because Williams or the facts to obtain an We legal

extension dispense

appeal. and

oral

argument

because

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

DISMISSED

2