United States v. McCoy

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT UNITED STATES OF AMERICA,  Plaintiff-Appellee, v.  No. 02-6442 GERRY LEE MCCOY, Defendant-Appellant.  Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Rebecca B. Smith, District Judge. (CR-93-90-N) Submitted: July 11, 2002 Decided: August 26, 2002 Before WIDENER and WILKINS, Circuit Judges, and HAMILTON, Senior Circuit Judge. Remanded by unpublished per curiam opinion. COUNSEL Gerry Lee McCoy, Appellant Pro Se. Fernando Groene, OFFICE OF THE UNITED STATES ATTORNEY, Norfolk, Virginia, for Appel- lee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). 2 UNITED STATES v. MCCOY OPINION PER CURIAM: The notice of appeal in this case was received in the district court after expiration of the appeal period. Under Houston v. Lack, 487 U.S. 266 (1988), the notice is considered filed as of the date Appellant delivered it to prison officials for forwarding to the court. Because Appellant alleges that he timely delivered his notice of appeal to prison authorities, we remand the case for the district court to deter- mine the timeliness of the filing under Houston v. Lack. The record, as supplemented, will then be returned to this court for further consid- eration. REMANDED