US v. Cedric Locklear


UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to dismiss appeal [999540991-2]. Originating case number: 7:13-cr-00032-FL-.3. Copies to all parties and the district court. [1000017442]. [14-4811]

Download PDF
Appeal: 14-4811 Doc: 27 Filed: 02/06/2017 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-4811 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. CEDRIC LEE LOCKLEAR, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Wilmington. Louise W. Flanagan, District Judge. (7:13-cr-00032-FL-3) Submitted: February 1, 2017 Decided: February 6, 2017 Before MOTZ and KING, Circuit Judges, and DAVIS, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. David L. Neal, Hillsborough, North Carolina, for Appellant. Jennifer P. May-Parker, Assistant United States Attorney, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. Appeal: 14-4811 Doc: 27 Filed: 02/06/2017 Pg: 2 of 3 PER CURIAM: Cedric sentence. Lee Locklear seeks to appeal his conviction and The Government has moved to dismiss the appeal based on the appellate waiver in Locklear’s plea agreement. In a criminal case, a defendant must file his notice of appeal within 14 days after 4(b)(1)(A). the entry of judgment. Fed. R. App. P. With or without a motion, the district court may extend the time in which to file a notice of appeal for an additional 30 days from the expiration of this time period upon a finding of excusable neglect or good cause. 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 December 19, 2013. The notice of appeal was filed on October 24, 2014. * failed to extension file or a timely reopening of notice the of appeal appeal court, we dismiss the appeal. period or in As Locklear to obtain the district We thus grant the Government’s motion to the extent it seeks dismissal of the appeal. dispense with oral argument an because * the facts and We legal See Houston v. Lack, 487 U.S. 266, 276 (1988) (prisoner’s notice of appeal filed at the time it is delivered to prison officials for mailing). 2 Appeal: 14-4811 Doc: 27 contentions are Filed: 02/06/2017 adequately Pg: 3 of 3 presented in the materials before this court and argument would not aid the decisional process. DISMISSED 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?