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UNPUBLISHED PER CURIAM OPINION filed.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]
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UNPUBLISHED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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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?