UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-6159
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
LLOYD ANTHONIE WILLIAMS,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Shelby. Lacy H. Thornburg, District
Judge. (CR-98-144)
Submitted: June 18, 2004 Decided: July 14, 2004
Before WILLIAMS, MICHAEL, and TRAXLER, Circuit Judges.
Remanded by unpublished per curiam opinion.
Lloyd Anthonie Williams, Appellant Pro Se. Thomas Richard Ascik,
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Unpublished opinions are not binding precedent in this circuit.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:
Lloyd Anthonie Williams seeks to appeal from the district
court’s order denying his motion to dismiss the indictment for lack
of jurisdiction. We remand to the district court for factual
determinations regarding whether Williams’ motions for default and
summary judgment can constitute a timely notice of appeal, Houston
v. Lack, 487 U.S. 266, 276 (1988), and whether his motion to file
an appeal out of time meets the requirements to reopen the appeals
period. Fed. R. App. P. 4(a)(6). We dispense with oral argument
because the facts and legal contentions are adequately presented in
the materials before the court and argument would not aid the
decisional process.
REMANDED
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