US v. Dwayne Jenkins

Filing 920090422

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-8611

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DWAYNE H. JENKINS, Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Rebecca Beach Smith, District Judge. (2:93-cr-00081-1)

Submitted:

April 15, 2009

Decided:

April 22, 2009

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

Dismissed by unpublished per curiam opinion.

Dwayne H. Jenkins, Appellant Pro Se. Melissa Elaine O'Boyle, Assistant United States Attorney, Norfolk, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Dwayne H. Jenkins 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 April 22, 2008. of appeal was filed on December 9, 2008.

The notice

See Fed. R. App. P. Because Jenkins or the facts to obtain an We legal

4(c); Houston v. Lack, 487 U.S. 266 (1988). failed to file of with the a timely appeal notice period, of we appeal dismiss the

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