US v. Cedric Locklear

Filing

UNPUBLISHED PER CURIAM OPINION filed.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]

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UNPUBLISHED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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.

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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

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contentions

are

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adequately

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presented

in

the

materials

before

this court and argument would not aid the decisional process.

DISMISSED

3