US v. Brian Champagne

Filing 920091228

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-4372

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. BRIAN CHAMPAGNE, Defendant - Appellant.

Appeal from the United States District Court for the District of Maryland, at Greenbelt. Roger W. Titus, District Judge. (8:06-cr-00481-RWT-1)

Submitted:

July 30, 2009

Decided:

December 28, 2009

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

Dismissed by unpublished per curiam opinion.

Meghan Suzanne Skelton, Assistant Federal Public Defender, Greenbelt, Maryland; James Wyda, Federal Public Defender, Baltimore, Maryland, for Appellant. Daniel J. Fortune, OFFICE OF THE UNITED STATES ATTORNEY, Baltimore, Maryland; Mara B. Zusman, OFFICE OF THE UNITED STATES ATTORNEY, Greenbelt, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Brian sentence. Champagne seeks to appeal his conviction and

In criminal cases, the defendant must file the notice Fed. R.

of appeal within ten days after the entry of judgment. App. P. 4(b)(1)(A).

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 judgment on

January 9, 2007. 2008. appeal Because or to

The notice of appeal was filed on August 22, Champagne failed to file a timely notice of

obtain

an

extension

of

the

appeal

period,

we

dismiss the appeal. facts and legal before

We dispense with oral argument because the are and adequately argument presented not in aid the the

contentions the court

materials

would

decisional process. DISMISSED

2