UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-4474
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
JOSEPH IYOBOSA OSAMWONYI,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Robert E. Payne, District
Judge. (CR-03-435)
Submitted: February 4, 2005 Decided: March 2, 2005
Before NIEMEYER, LUTTIG, and KING, Circuit Judges.
Remanded by unpublished per curiam opinion.
Dwight E. Crawley, Hopewell, Virginia, for Appellant. S. David
Schiller, OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Joseph Iyobosa Osamwonyi 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 May 11, 2004;
the ten-day appeal period expired on May 25, 2004. See Fed. R.
App. P. 26(a)(2) (excluding intermediate weekends and holidays from
the ten-day calculation). Osamwonyi 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 Osamwonyi 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. Osamwonyi’s
motion to relieve or substitute counsel is denied.
REMANDED
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