US v. Tremayne Blackwell

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:05-cr-00257-RLV-DCK-1 Copies to all parties and the district court/agency. [1000051298]. Mailed to: Tremayne Kendrick Blackwell. [16-7489]

Appeal: 16-7489

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Filed: 03/29/2017

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-7489

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
TREMAYNE KENDRICK BLACKWELL, a/k/a Little Kenny, a/k/a Tremayne
Oakley Kendrick, a/k/a Tremayne Kendrick Blackwell, a/k/a Kenny, a/k/a Kendrick
Jermaine Oakley, a/k/a Kendrick Tremayne Oakley,
Defendant - Appellant.

Appeal from the United States District Court for the Western District of North Carolina, at
Statesville. Richard L. Voorhees, District Judge. (5:05-cr-00257-RLV-DCK-1)

Submitted: March 20, 2017

Decided: March 29, 2017

Before TRAXLER, SHEDD, and DUNCAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Tremayne Kendrick Blackwell, Appellant Pro Se. William Thomas Bozin, Thomas A.
O'Malley, OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina,
for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 16-7489

Doc: 9

Filed: 03/29/2017

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PER CURIAM:
Tremayne Kendrick Blackwell seeks to appeal his conviction and sentence for
conspiracy to possess with intent to distribute cocaine and cocaine base, in violation of 21
U.S.C. §§ 846, 851 (2012). We dismiss the appeal as untimely.
In criminal cases, the defendant must file the notice of appeal within 14 days after
the entry of judgment. Fed. R. App. P. 4(b)(1)(A). Although this time limit is not
jurisdictional, United States v. Urutyan, 564 F.3d 679, 685 (4th Cir. 2009), we may raise
the Rule 4(b) time bar sua sponte when judicial resources and administration are implicated
or the delay has been inordinate, United States v. Mitchell, 518 F.3d 740, 750 (10th Cir.
2008).
The district court first entered judgment on February 18, 2009, and entered
judgment resentencing Blackwell on December 3, 2015. Blackwell filed his notice of
appeal on October 25, 2016, long after the 14-day appeal period expired. Because
Blackwell did not file a notice of appeal that was timely or within the time period during
which the district court had the authority to extend the appeal period, Fed. R. App. P.
4(b)(4), and because the delay in filing has been inordinate, we dismiss the appeal. We
dispense with oral argument because the facts and legal contentions are adequately
presented in the materials before this court and argument would not aid the decisional
process.
DISMISSED

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