US v. Jeffrey Hopkin

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:04-cr-00267-FDW-DCK-1,3:04-cr-00268-FDW-CH-1 Copies to all parties and the district court/agency. [998764582]. Mailed to: Jeffrey A. Hopkins. [11-4905]

Appeal: 11-4905

Document: 11

Date Filed: 01/13/2012

Page: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-4905

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JEFFREY A. HOPKINS,
Defendant - Appellant.

Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte.
Frank D. Whitney,
District Judge.
(3:04-cr-00267-FDW-DCK-1; 3:04-cr-00268-FDW-CH1)

Submitted:

January 9, 2012

Decided:

January 13, 2012

Before DUNCAN and AGEE, Circuit Judges, and HAMILTON, Senior
Circuit Judge.

Dismissed by unpublished per curiam opinion.

Jeffrey A. Hopkins, Appellant Pro Se.
Michael E. Savage,
Assistant United States Attorney, Charlotte, North Carolina, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 11-4905

Document: 11

Date Filed: 01/13/2012

Page: 2 of 3

PER CURIAM:
Jeffrey A. Hopkins seeks to appeal his seventy-twomonth

sentence

pursuant

to

a

guilty

plea

to

conspiracy

to

defraud the United States, 18 U.S.C. § 371 (2006), mail fraud,
18

U.S.C.

§ 1341

(2006),

and

conspiracy

laundering, 18 U.S.C. § 1956(h) (2006).

to

commit

money

In criminal cases, a

defendant must file his notice of appeal within fourteen days
after the entry of judgment. 1

Fed. R. App. P. 4(b)(1)(A)(i).

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 the criminal judgment on
the docket on April 25, 2007.

Hopkins filed a pro se notice of

appeal on September 1, 2011, over four years after the appeal
period expired. 2

Because Hopkins failed to file a timely notice

1

At the time judgment was entered, the appeal period was
ten days. Fed. R. App. P. 4(b)(1)(A)(i) (2007). On December 1,
2009, the period was extended to fourteen days. Fed. R. App. P.
4(b)(1)(A)(i) (2009). Hopkins’ notice of appeal was untimely
under either period.
2

This is the date that appears on the envelope Hopkins gave
to prison officials for mailing the notice of appeal to the
district court. Fed. R. App. P. 4(c); Houston v. Lack, 487 U.S.
266, 276 (1988).

2

Appeal: 11-4905

of

Document: 11

appeal

or

Date Filed: 01/13/2012

obtain

dismiss the appeal. 3
facts

and

materials

legal
before

an

extension

Page: 3 of 3

of

the

appeal

period,

we

We dispense with oral argument because the

contentions

are

adequately

the

and

argument

court

presented

would

not

in

the

aid

the

decisional process.
DISMISSED

3

We note that the appeal period in a criminal case is not a
jurisdictional provision, but rather a claim-processing rule.
Bowles v. Russell, 551 U.S. 205, 209–14 (2007); United States v.
Urutyan, 564 F.3d 679, 685 (4th Cir. 2009).
Because Hopkins’
appeal is inordinately late, and its consideration is not in the
best interest of judicial economy, we exercise our inherent
power to dismiss it.
United States v. Mitchell, 518 F.3d 740,
744, 750 (10th Cir. 2008).

3