US v. Collier Sessom

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 7:06-cr-00063-BR-1 Copies to all parties and the district court/agency. [999952304]. [16-7238]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-7238

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
COLLIER DOUGLAS SESSOMS,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Wilmington.
W. Earl Britt,
Senior District Judge. (7:06-cr-00063-BR-1)

Submitted:

October 18, 2016

Decided:

October 21, 2016

Before WILKINSON, KING, and FLOYD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Collier Douglas Sessoms, Appellant Pro Se.
May-Parker, Assistant United States Attorney,
Carolina, for Appellee.

Jennifer P.
Raleigh, North

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Collier

Douglas

Sessoms

seeks

to

appeal

his

235-month

sentence imposed following his convictions for transmission of
child

pornography,

in

violation

of

18

U.S.C.

§ 2252(a)(1)

(2012), and transportation of obscene matters over the Internet,
in violation of 18 U.S.C. § 1462 (2012).

In criminal cases, a

defendant must file his notice of appeal within 14 days after
the entry of judgment. 1

Fed. R. App. P. 4(b)(1)(A)(i).

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 the criminal judgment on the
docket on March 26, 2008.
September 6, 2016. 2

Sessoms filed his notice of appeal on

Because Sessoms failed to file a timely

notice of appeal or obtain an extension of the appeal period, we

1

At the time judgment was entered, the appeal period was 10
days.
Fed. R. App. P. 4(b)(1)(A)(i) (2008).
On December 1,
2009, the period was extended to 14 days.
Fed. R. App. P.
4(b)(1)(A)(i) (2009).
Sessoms’ notice of appeal is untimely
under either period.
2

For the purpose of this appeal, we assume that the date
appearing on the notice of appeal is the earliest date it could
have been properly delivered to prison officials for mailing to
the court. See Fed. R. App. P. 4(c); Houston v. Lack, 487 U.S.
266, 276 (1988).

2

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dismiss the appeal. 3
facts

and

materials

legal
before

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We dispense with oral argument because the

contentions

are

adequately

this

and

argument

court

presented

would

not

in

the

aid

the

decisional process.
DISMISSED

3

We note that the appeal period in a criminal case is not a
jurisdictional provision, but, rather, a claim-processing rule.
Bowles v. Russell, 551 U.S. 205, 209-14 (2007); United States v.
Urutyan, 564 F.3d 679, 685 (4th Cir. 2009).
Because Sessoms’
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).

3