US v. Chauncey Hawkin

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to dismiss appeal [999435286-2]; denying without prejudice Motion to withdraw/relieve/substitute counsel [999419229-2]. Originating case number: 5:11-cr-00135-F-1. Copies to all parties and the district court. [999480687]. [14-4223]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-4223

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
CHAUNCEY HAWKINS, a/k/a Loon,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
James C. Fox, Senior
District Judge. (5:11-cr-00135-F-1)

Submitted:

November 20, 2014

Decided:

November 24, 2014

Before KING and KEENAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.

Dismissed by unpublished per curiam opinion.

Neal Gary Rosensweig, NEIL GARY ROSENSWEIG, P.A., Hollywood,
Florida, for Appellant.
Jennifer P. May-Parker, Assistant
United States Attorney, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Chauncey Hawkins seeks to appeal his conviction and
the

168-month

conspiracy

to

sentence
possess

imposed
with

after

intent

he

to

pled

guilty

distribute

and

to
to

distribute one kilogram or more of heroin, in violation of 21
U.S.C.

§ 846

pursuant

to

(2012).
Anders

Hawkins’
v.

counsel

California,

386

has

filed

U.S.

738

a

brief

(1967),

certifying that there are no meritorious grounds for appeal but
questioning the voluntariness of Hawkins’ guilty plea and the
reasonableness of the sentence.
supplemental brief.

Hawkins has filed a pro se

The Government moves to dismiss the appeal

as untimely, which Hawkins opposes. *

We dismiss the appeal.

In criminal cases, the defendant must file the notice
of

appeal

within

fourteen

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

days

after

the

entry

of

judgment.

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

*

In his pro se response to the motion to dismiss, Hawkins
asserts that his trial counsel failed to file a notice of appeal
after being directed to do so and that, as a result, we should
consider his appeal on the merits.
We decline to do so.
Hawkins should present his ineffective assistance of counsel
claim, if at all, in a 28 U.S.C. § 2255 (2012) motion filed in
the district court.
We express no view on the ultimate
disposition of any such motion.

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Fed. R. App. P. 4(b)(4); United States v. Reyes, 759

F.2d 351, 353 (4th Cir. 1985).
The district court entered judgment on July 25, 2013.
The notice of appeal was filed on March 10, 2014.

Because

Hawkins failed to file a timely notice of appeal or to obtain an
extension of the appeal period, we grant the Government’s motion
to dismiss the appeal.
Accordingly, we dismiss the appeal as untimely.
deny without prejudice counsel’s motion to withdraw.

We

This court

requires that counsel inform Hawkins, in writing, of the right
to petition the Supreme Court of the United States for further
review.

If

Hawkins

requests

that

a

petition

be

filed,

but

counsel believes that such a petition would be frivolous, then
counsel

may

move

representation.

in

this

court

for

leave

to

withdraw

from

Counsel’s motion must state that a copy thereof

was served on Hawkins.

We dispense with oral argument because

the facts and legal contentions are adequately presented in the
materials

before

this

court

and

argument

would

not

aid

the

decisional process.

DISMISSED

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