US v. Wayne Hill

Filing 920091230

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7719 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. WAYNE HILL, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Greenville. Henry F. Floyd, District Judge. (6:05-cr-00707-HFF-6) Submitted: December 17, 2009 Decided: December 30, 2009 Before WILKINSON, NIEMEYER, and AGEE, Circuit Judges. Affirmed by unpublished per curiam opinion. Wayne Hill, Appellant Pro Se. Robert Frank Daley, Jr., Assistant United States Attorney, Columbia, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Wayne Hill appeals the district court's order denying his motion for a delayed direct appeal. March 2006 and did not file an appeal. Hill was sentenced in In July 2009, he filed the underlying motion seeking permission from the district court to note a delayed appeal. specified in Fed. R. App. Assuming the ten-day appeal period P. 4(b) is no longer considered jurisdictional, see generally Bowles v. Russell, 551 U.S. 205, 209-14 (2007), we find no basis in the record to justify an extension of the more than three years requested by Hill. Accordingly, we affirm the district court's denial of Hill's motion. * We dispense with oral argument because the facts and legal before contentions the court are and adequately argument presented not in aid the the materials decisional would process. AFFIRMED To the extent the district court relied on the appellate waiver contained in Hill's plea agreement, we decline to adopt this reasoning. See United States v. Poindexter, 492 F.3d 263, 273 (4th Cir. 2007). * 2

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