US v. Daniel McNeil


UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:10-cr-00406-WO-1,1:13-cv-00718-WO-LPA Copies to all parties and the district court/agency. [1000006380]. Mailed to: Daniel Junior McNeil. [15-7638]

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Appeal: 15-7638 Doc: 12 Filed: 01/19/2017 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-7638 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DANIEL JUNIOR MCNEIL, Defendant -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. (1:10-cr-00406-WO-1; 1:13-cv-00718WO-LPA) Submitted: January 10, 2017 Decided: January 19, 2017 Before GREGORY, Chief Judge, DUNCAN, Circuit Judge, and DAVIS, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Daniel Junior McNeil, Appellant Pro Se. Lisa Blue Boggs, Assistant United States Attorney, Greensboro, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. Appeal: 15-7638 Doc: 12 Filed: 01/19/2017 Pg: 2 of 3 PER CURIAM: Daniel Junior McNeil seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2255 (2012) motion. We dismiss the appeal for lack of jurisdiction because the notice of appeal was not timely filed. When, as here, the United States or its officer or agency is a party, the notice of appeal must be filed no more than 60 days after the entry of the district court’s final judgment or order, Fed. R. App. P. 4(a)(1)(B), unless the district court extends the appeal period under Fed. R. App. P. 4(a)(5), or reopens the appeal period under Fed. R. App. P. 4(a)(6). timely filing of a notice jurisdictional requirement.” of appeal in a civil case “[T]he is a Bowles v. Russell, 551 U.S. 205, 214 (2007). The district court’s order was entered on the docket on August 11, 2015. The district court found on limited remand from this court that the notice of appeal was not timely filed under Fed. R. App. P. 4(c)(1). We review this factual finding for clear error, see Ray v. Clements, 700 F.3d 993, 1012 (7th Cir. 2012), and we discern no such error. Thus, the notice of appeal was filed on October 16, 2015, beyond the appeal period. Because McNeil failed to file a timely notice of appeal or to obtain an extension dismiss the appeal. or reopening of the appeal period, we We dispense with oral argument because the 2 Appeal: 15-7638 facts Doc: 12 and materials legal before Filed: 01/19/2017 Pg: 3 of 3 contentions are adequately this and argument court presented would not in the aid the decisional process. DISMISSED 3

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