US v. William Small

Filing

OPINION/ORDER DIRECTING LIMITED REMAND filed by RLG, AD and CHH [4CCA retains jurisdiction]. Originating case number: 1:10-cr-00008-MR-1,1:12-cv-00286-MR Copies to all parties and the district court/agency. Mailed to: William Smalls. [999501547] [14-7212]

Appeal: 14-7212

Doc: 5

Filed: 12/30/2014

Pg: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-7212

UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
WILLIAM ISAAC SMALLS,
Defendant - Appellant.

Appeal from the United States District Court for the Western
District of North Carolina, at Asheville. Martin K. Reidinger,
District Judge. (1:10-cr-00008-MR-1; 1:12-cv-00286-MR)

Submitted:

December 16, 2014

Decided:

December 30, 2014

Before GREGORY and DIAZ, Circuit Judges, and HAMILTON, Senior
Circuit Judge.

Remanded by unpublished per curiam opinion.

William Isaac Smalls, Appellant Pro Se. Donald David Gast,
Assistant United States Attorney, Asheville, North Carolina, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 14-7212

Doc: 5

Filed: 12/30/2014

Pg: 2 of 3

PER CURIAM:
William
court’s

order

Isaac

denying

Smalls
relief

seeks
on

his

to

appeal

motion

the

under

district
28

U.S.C.

§ 2255 (2012).

In a civil case in which the United States or

its

agency

officer

or

is

a

party,

parties

have

sixty

days

following the entry of the district court’s final judgment or
order in which to file a notice of appeal.
4(a)(1)(B).

Fed. R. App. P.

However, if a party moves for an extension of time

to appeal within thirty days after expiration of the original
appeal period and demonstrates excusable neglect or good cause,
a district court may extend the time to file a notice of appeal.
Fed. R. App. P. 4(a)(5)(A); Washington v. Bumgarner, 882 F.2d
899, 900-01 (4th Cir. 1989).
Smalls’ notice of appeal was received in the district
court after the expiration of the sixty-day appeal period but
within the thirty-day excusable neglect period.
of

appeal,

Smalls

requested

an

extension

of

In his notice
time

to

appeal

because he was in transit when the district court served him
with notice of its judgment and he did not receive it until
after the sixty-day appeal period expired.
Smalls’

notice

of

appeal

should

pursuant to Rule 4(a)(5)(A).
the

district

court

for

the

be

We conclude that

construed

as

a

motion

Accordingly, we remand the case to
limited

purpose

of

determining

whether Smalls has demonstrated excusable neglect or good cause
2

Appeal: 14-7212

Doc: 5

Filed: 12/30/2014

Pg: 3 of 3

warranting an extension of the sixty-day appeal period.

The

record, as supplemented, will then be returned to this court for
further consideration.

REMANDED

3