US v. Angel Gonzalez

Filing 920090611

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-6675

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ANGEL MANUEL GONZALEZ, Defendant - Appellant.

Appeal from the United States District Court for the Northern District of West Virginia, at Martinsburg. John Preston Bailey, Chief District Judge. (3:05-cr-00007-JPB-JES-3)

Submitted:

May 8, 2009

Decided:

June 11, 2009

Before TRAXLER, KING, and DUNCAN, Circuit Judges.

Remanded by unpublished per curiam opinion.

Angel Manuel Gonzalez, Appellant Pro Se. Paul Camilletti, Thomas Oliver Mucklow, Assistant United Attorneys, Martinsburg, West Virginia, for Appellee.

Thomas States

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Angel court's order Manuel granting Gonzalez his seeks for to appeal the of district sentence

motion

reduction

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 is criminal in nature and ten-day appeal period applies). 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 February 23, 2009.

Gonzalez

filed the notice of appeal on April 8, 2009, after the ten-day period expired but on the last day of the 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 Gonzalez has shown

excusable neglect or good cause warranting an extension of the

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

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ten-day appeal period.

The record, as supplemented, will then

be returned to this court for further consideration. REMANDED

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