UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-5184
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
TIMOTHY EUGENE MOORE,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Richard L. Voorhees,
District Judge. (3:03-cr-00220-3)
Submitted: June 21, 2007 Decided: June 26, 2007
Before NIEMEYER, WILLIAMS, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
E. Fitzgerald Parnell, III, POYNER & SPRUILL, LLP, Charlotte, North
Carolina, for Appellant. Gretchen C. F. Shappert, United States
Attorney, Thomas Tullidge Cullen, OFFICE OF THE UNITED STATES
ATTORNEY, Charlotte, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Timothy Eugene Moore seeks to appeal his 165-month
sentence following his guilty plea to conspiracy to possess crack,
cocaine, and marijuana with the intent to distribute. 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). 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 judgment on May 4, 2006. The
notice of appeal was filed on October 13, 2006.* Because Moore
failed to file a timely notice of appeal or to obtain an extension
of the appeal period, we dismiss the appeal. We dispense with oral
argument because the facts and legal contentions are adequately
presented in the materials before the court and argument would not
aid the decisional process.
DISMISSED
*
For the purpose of this appeal, we assume that the date
appearing on the notice of appeal is the earliest date it could
have been properly delivered to prison officials for mailing to the
court. Fed. R. App. P. 4(c); Houston v. Lack, 487 U.S. 266 (1988).
- 2 -