US v. Brian D. Hill

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to dismiss appeal [999524726-2]; denying Motion to strike [999534705-2]; denying Motion to proceed pro se [999534707-2]. Originating case number: 1:13-cr-00435-WO-1. Copies to all parties and the district court/agency. [999560233]. Mailed to: Brian Hill. [15-4057]

Appeal: 15-4057

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-4057

UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
BRIAN DAVID HILL,
Defendant - Appellant.

Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro.
William L. Osteen,
Jr., Chief District Judge. (1:13-cr-00435-WO-1)

Submitted:

March 30, 2015

Decided:

April 7, 2015

Before GREGORY and HARRIS, Circuit Judges, and DAVIS, Senior
Circuit Judge.

Affirmed in part; dismissed in part by unpublished per curiam
opinion.

Mark A. Jones, BELL, DAVIS & PITT, PA, Winston-Salem, North
Carolina, for Appellant. Anand P. Ramaswamy, Assistant United
States Attorney, Greensboro, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Brian David Hill appeals the district court’s order denying
his motion for an extension of time to appeal his conviction and
sentence.

Upon review, we conclude that the district court did

not abuse its discretion in denying Hill’s motion.

Accordingly,

we affirm this portion of the appeal for the reasons stated by
the district court.

United States v. Hill, No. 1:13-cr-00435-

WO-1 (M.D.N.C. Jan. 16, 2015).
To
judgment

the

extent

entered

Hill

also

seeks

against

him,

the

to

appeal

Government

dismiss that portion of the appeal as untimely.

the
has

criminal
moved

to

In criminal

cases, the defendant must file the notice of appeal within 14
days after the entry of judgment or the order being appealed.
Fed. R. App. P. 4(b)(1)(A).

Upon a showing of excusable neglect

or good cause, the district court may grant an extension of no
more than 30 additional days to file a notice of appeal.

Fed.

R. App. P. 4(b)(4), 26(b).
The

district

November 12, 2014.

court

entered

the

criminal

judgment

on

Hill filed a notice of appeal on January 29,

2015, well beyond the expiration of the appeal and excusable
neglect periods.
dismiss

this

We therefore grant the Government’s motion to

portion

of

the

appeal

2

as

untimely

because

Hill

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failed to file a timely notice of appeal or obtain an extension
of the appeal period. *
We deny Hill’s motions to strike and to proceed pro se and
dispense

with

contentions

are

oral

argument

adequately

because

presented

in

the
the

facts

and

legal

materials

before

this court and argument would not aid the decisional process.

AFFIRMED IN PART;
DISMISSED IN PART

*

Even if we construe the January 12, 2015 motion for an
extension of time as a notice of appeal from the criminal
judgment, the appeal still is untimely as to the criminal
judgment.

3