UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-6569
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
CLINTON DESHANNON MYERS,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. James C. Turk, Senior District
Judge. (7:05-cr-00096-jct)
Submitted: August 31, 2007 Decided: September 13, 2007
Before MICHAEL and KING, Circuit Judges, and WILKINS, Senior
Circuit Judge.
Remanded by unpublished per curiam opinion.
Clinton Deshannon Myers, Appellant Pro Se. Ronald Andrew Bassford,
OFFICE OF THE UNITED STATES ATTORNEY, Roanoke, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Clinton Deshannon Myers seeks to appeal the district
court order denying his motions to reopen the time to file a notice
of appeal from his criminal judgment and for production of
transcripts. In criminal cases, the defendant must file the notice
of appeal within ten days after “the entry of either the judgment
or the order being appealed.” Fed. R. App. P. 4(b)(1)(A)(i). 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 March 9, 2007.
Myers’ undated notice of appeal was postmarked on April 11, 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 Myers 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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