UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-4155
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
CLYDE HENRY NEWBY, JR.,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of Virginia, at Danville. Jackson L. Kiser, Senior
District Judge. (CR-04-39)
Submitted: July 22, 2005 Decided: August 3, 2005
Before WILKINSON, GREGORY, and DUNCAN, Circuit Judges.
Remanded by unpublished per curiam opinion.
Frances Hemsley Pratt, Michael Stefan Nachmanoff, OFFICE OF THE
FEDERAL PUBLIC DEFENDER, Alexandria, Virginia, for Appellant.
Ronald Andrew Bassford, OFFICE OF THE UNITED STATES ATTORNEY,
Roanoke, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Clyde Henry Newby, Jr. 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 15,
2004; the ten-day appeal period expired on December 30, 2004.
Newby 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 Newby 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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