UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-4074
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
CLIFTON BERNARD HARRIS, a/k/a Big Baby,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Durham. Frank W. Bullock, Jr.,
District Judge. (CR-03-191)
Submitted: June 25, 2004 Decided: July 13, 2004
Before WILKINSON, NIEMEYER, and DUNCAN, Circuit Judges.
Remanded by unpublished per curiam opinion.
Clifton Bernard Harris, Appellant Pro Se. Randall Stuart Galyon,
Assistant United States Attorney, Greensboro, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Clifton Bernard Harris 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 December 23, 2003; the ten-day appeal
period expired on January 8, 2004. See Fed. R. App. P. 26(a)(2)
(providing that intermediate Saturdays, Sundays and legal holidays
are excluded when the period is less than eleven days). Harris
filed his pro se notice of appeal pro se on January 16, 2004, which
was 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 Harris 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
acting on the Government’s motion to dismiss this appeal until the
record is returned to us.
REMANDED
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