UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-4323
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
JOVANI ZAMORA, a/k/a Jovani Martinez Zamora,
a/k/a Jovani Betancourt Zamora, a/k/a Jovani
Martinez,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Asheville. Lacy H. Thornburg,
District Judge. (CR-02-66)
Submitted: May 14, 2003 Decided: June 20, 2003
Before NIEMEYER, MICHAEL, and SHEDD, Circuit Judges.
Remanded by unpublished per curiam opinion.
Kyle William King, Asheville, North Carolina, for Appellant. Jerry
Wayne Miller, OFFICE OF THE UNITED STATES ATTORNEY, Asheville,
North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Jovani Martinez Zamora seeks to appeal his conviction and
sentence. In criminal cases, the defendant must file his notice of
appeal within ten days of the entry of judgment. Fed. R. App. P.
4(b)(1)(A). With or without a motion, the district court may grant
an extension of time to file of up to thirty days upon a showing of
excusable neglect or good cause. Fed. R. App. P. 4(b)(4); United
States v. Reyes, 759 F.2d 351, 353 (4th Cir. 1985).
The district court entered its judgment on March 13, 2003; the
ten-day appeal period expired on March 27, 2003. Zamora filed his
notice of appeal on April 3, 2003, after the ten-day period expired
but within the thirty-day excusable neglect period. Because the
notice of appeal was filed within the excusable neglect period, we
remand the case to the district court for the court to determine
whether Zamora has shown excusable neglect or good cause warranting
an extension of the ten-day appeal period. The record, as
supplemented, will then be returned to this court for further
consideration.
REMANDED
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