US v. William Flower

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to appoint/assign counsel [999251636-2] Originating case number: 1:06-cr-00222-CCB-1 Copies to all parties and the district court/agency. [999469623]. Mailed to: William Flowers. [13-4847]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 13-4847

UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
WILLIAM AUSTIN FLOWERS,
Defendant - Appellant.

Appeal from the United States District Court for the District of
Maryland, at Baltimore.
Catherine C. Blake, Chief District
Judge. (1:06-cr-00222-CCB-1)

Submitted:

October 22, 2014

Decided:

November 5, 2014

Before MOTZ, WYNN, and DIAZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

William Austin Flowers, Appellant Pro Se. Michael Clayton
Hanlon, Assistant United States Attorney, Baltimore, Maryland,
for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
William Austin Flowers seeks to appeal his conviction
and 154-month sentence following his guilty plea to obstruction
of commerce through robbery, in violation of 18 U.S.C. § 1951
(2012), and use of a firearm in relation to a crime of violence,
in violation of 18 U.S.C. § 924(c) (2012).

In a criminal case,

where judgment was entered before December 1, 2009, a defendant
must file his notice of appeal within ten days after the entry
of judgment. 1

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

With or without a

motion, the district court may extend the time in which to file
a

notice

expiration

of
of

appeal

for

this

time

neglect or good cause.

an

additional

period

upon

a

thirty

days

finding

of

from

the

excusable

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
April 12, 2007.
2013. 2

The notice of appeal was filed November 4,

Because Flowers failed to file a timely notice of appeal

or obtain an extension of the appeal period, and because the
1

At the time the judgment was entered, the appeal period
was ten days. Fed. R. App. P. 4(b)(1)(A)(i) (2008).
On
December 1, 2009, the period was extended to fourteen days. Fed.
R. App. P. 4(b)(1)(A)(i).
Flowers’ notice of appeal was
untimely under either period.
2

See Fed. R. App. P. 4(c)(1); Houston v. Lack, 487 U.S.
266, 276 (1988) (prisoners entitled to filing as of date they
tendered notice of appeal to prison authorities for mailing).

2

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delay

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was

Flowers’

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inordinate,
motion

to

we

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dismiss

appoint

the

counsel.

appeal.
We

We

also

deny

dispense

with

oral

argument because the facts and legal contentions are adequately
presented in the materials before this court and argument would
not aid in the decisional process.
DISMISSED

3