US v. Adrian Gambrell-Booker
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 6:13-cr-00353-MGL-4. Copies to all parties and the district court. [1000030019]. [14-4812]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-4812
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ADRIAN MARKEESE GAMBRELL-BOOKER, a/k/a AD,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Greenville.
Mary G. Lewis, District Judge.
(6:13-cr-00353-MGL-4)
Submitted:
January 20, 2017
Decided:
February 24, 2017
Before MOTZ, KEENAN, and DIAZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
John M. Ervin, III, Darlington, South Carolina, for Appellant.
Elizabeth
Jean
Howard,
Assistant
United
States
Attorney,
Greenville, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Adrian Markeese Gambrell-Booker pled guilty to conspiracy
to possess with intent to distribute and to distribute cocaine
and cocaine base, in violation of 21 U.S.C. § 846 (2012).
district
court
imprisonment,
with
Anders
Booker’s
the
v.
counsel
meritorious
sentenced
statutory
California,
has
grounds
filed
for
Gambrell-Booker
minimum
386
a
appeal,
sentence.
U.S.
brief
but
to
738
120
In
(1967),
certifying
questioning
The
months’
accordance
Gambrell-
there
are
whether
no
the
district court complied with Fed. R. Crim. P. 11 in accepting
Gambrell-Booker’s
guilty
plea
and
whether
his
sentence
is
reasonable.
A criminal defendant must file a notice of appeal within 14
days after the entry of judgment.
Fed. R. App. P. 4(b)(1)(A).
With or without a motion, upon a showing of excusable neglect or
good cause, the district court may grant an extension of up to
30 days to file a notice of appeal.
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 November 26, 2013.
Gambrell-Booker filed his notice of appeal, at the earliest, on
October 20, 2014, the date appearing on his notice of appeal. *
*
A pro se prisoner’s notice of appeal is considered filed
at the moment it is delivered to prison authorities for mailing
(Continued)
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We note that the appeal period in a criminal case is not a
jurisdictional provision, but, rather, a claim-processing rule.
United States v. Urutyan, 564 F.3d 679, 685 (4th Cir. 2009).
But because Gambrell-Booker’s appeal is inordinately late, and
its
consideration
is
not
in
the
best
interest
of
judicial
economy, we exercise our inherent power to dismiss it.
United
States v. Mitchell, 518 F.3d 740, 744, 750 (10th Cir. 2008).
Because Gambrell-Booker failed to file a timely notice of
appeal
or
to
obtain
an
extension
dismiss the appeal as untimely.
of
the
appeal
period,
we
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
to the court. Fed. R. App. P. 4(c); Houston v. Lack, 487 U.S.
266, 276 (1988).
3
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