US v. Fred Hammond, Jr.
Filing
920090916
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 09-7198
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. FRED HAMMOND, JR., Defendant - Appellant.
Appeal from the United States District Court for the Middle District of North Carolina, at Durham. James A. Beaty, Jr., Chief District Judge. (1:92-cr-00172-JAB-1)
Submitted:
September 10, 2009
Decided:
September 16, 2009
Before KING, DUNCAN, and AGEE, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Fred Hammond, Jr., Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Fred Hammond, Jr. 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 3, 2008. of appeal was Lack, file of with the filed, 487 a at U.S. the 266, notice period, earliest, 276 of we on June
The notice 16, 2009. Hammond an We legal
Houston v. failed to
(1988). appeal dismiss the
Because or the facts to
timely appeal
obtain
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
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