UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-4372
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
ERIC LEWIS,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Deborah K. Chasanow, District Judge. (CR-
02-77)
Submitted: August 7, 2003 Decided: August 25, 2003
Before WIDENER and MICHAEL, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Remanded by unpublished per curiam opinion.
Francis Albert Pommett, III, Baltimore, Maryland, for Appellant.
Barbara Suzanne Skalla, Assistant United States Attorney, Daphene
Rose McFerren, OFFICE OF THE UNITED STATES ATTORNEY, Greenbelt,
Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Eric Lewis 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 April 3, 2003; the
ten-day appeal period expired on April 17, 2003. Lewis filed his
notice of appeal 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 Lewis 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.
We will defer, until the record is returned to us, acting on
the motion of the United States to dismiss this appeal.
REMANDED
2