UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-6223
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
JEREMY LUJAN AIKEN,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Asheville. Lacy H. Thornburg,
District Judge. (1:04-cr-00092-1)
Submitted: June 15, 2007 Decided: June 21, 2007
Before WIDENER, MICHAEL, and KING, Circuit Judges.
Remanded by unpublished per curiam opinion.
Jeremy Lujan Aiken, Appellant Pro Se. Jill Westmoreland Rose,
OFFICE OF THE UNITED STATES ATTORNEY, Asheville, North Carolina,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Jeremy Lujan Aiken seeks to appeal the district court’s
order denying his motion to compel a Fed. R. Crim. P. 35(b) motion.
In criminal cases, the defendant must file the notice of appeal
within ten days after the entry of judgment. Fed. R. App. P.
4(b)(1)(A); see United States v. Little, 392 F.3d 671, 680-81 (4th
Cir. 2004) (applying ten-day appeal period to appeal from Rule 35
ruling). With or without a motion, upon a showing of excusable
neglect or good cause, the district court may grant an extension of
up to thirty days to file a notice of appeal. Fed. R. App. P.
4(b)(4); United States v. Reyes, 759 F.2d 351, 353 (4th Cir. 1985).
The district court entered its order on January 9, 2007.
Aiken filed the notice of appeal on February 15, 2007, 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 Aiken 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
- 2 -