US v. Gokhan Bergal

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UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:13-cr-00012-JKB-5. Copies to all parties and the district court/agency. [999804363]. Mailed to: Gokhan Bergal. [16-6071]

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Appeal: 16-6071 Doc: 11 Filed: 04/26/2016 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-6071 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. GOKHAN BERGAL, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Baltimore. James K. Bredar, District Judge. (1:13cr-00012-JKB-5) Submitted: April 21, 2016 Decided: April 26, 2016 Before WILKINSON, KING, and KEENAN, Circuit Judges. Affirmed by unpublished per curiam opinion. Gokhan Bergal, Appellant Pro Se. Andrea L. Smith, OFFICE OF THE UNITED STATES ATTORNEY, Baltimore, Maryland, for Appellee. Unpublished opinions are not binding precedent in this circuit. Appeal: 16-6071 Doc: 11 Filed: 04/26/2016 Pg: 2 of 2 PER CURIAM: Gokhan Bergal appeals the district court’s order denying his motion for an extension of time to appeal the court’s August 6, 2015, order denying his motions for a sentence reduction under 18 U.S.C. § 3582(c)(2) (2012). Bergal did not seek an extension of time until November 13, nearly two months after the expiration of the excusable neglect period. See Fed. R. App. P. 4(b)(1)(A), (4); cf. Houston v. Lack, 487 U.S. 266, 276 (1988) (holding that prisoner’s notice of appeal is deemed filed on date he delivered it to prison officials for mailing to court). Because the district court was without authority to grant Bergal’s motion, we affirm the court’s judgment. facts and materials legal before We dispense with oral argument because the contentions are adequately this and argument court presented would not in the aid the decisional process. AFFIRMED 2

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