UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-6772
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
JOSEPH ANTHONY WALKER,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Charleston. David C. Norton, District Judge.
(2:02-cr-00522-DCN)
Submitted: August 31, 2006 Decided: September 8, 2006
Before MICHAEL, MOTZ, and GREGORY, Circuit Judges.
Remanded by unpublished per curiam opinion.
Joseph Anthony Walker, Appellant Pro Se. Brent Alan Gray, OFFICE
OF THE UNTIED STATES ATTORNEY, Charleston, South Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Joseph Anthony Walker appeals the district court’s order
denying his motion to modify his sentence under 18 U.S.C. § 3582(c)
(2000). In criminal cases, a defendant must file his notice of
appeal within ten days of the entry of judgment. Fed. R. App. P.
4(b)(1)(A). The district court, with or without a motion, may
grant an extension of time to file a notice of appeal 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 judgment on March 31, 2006;
the ten-day appeal period expired on April 14, 2006. Walker filed
a notice of appeal after the ten-day appeal 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
Walker 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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