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UNPUBLISHED PER CURIAM OPINION filed.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UNPUBLISHED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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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