UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-6714
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
MICHAEL EARL CREWS,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Malcolm J. Howard, Senior
District Judge. (5:00-cr-00087-2H)
Submitted: September 26, 2007 Decided: November 2, 2007
Before NIEMEYER and TRAXLER, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Remanded by unpublished per curiam opinion.
Michael Earl Crews, Appellant Pro Se. Rudolf A. Renfer, Jr.,
Assistant United States Attorney, Raleigh, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Michael Earl Crews seeks to appeal the district court’s
denial of his “Renewed Motion to Waive Fine.” In criminal matters,
the defendant must file a notice of appeal within ten days after
the entry of the district court’s order. 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 denied Crews’ “Renewed Motion to Waive
Fine” by order entered on September 20, 2006, and denied his motion
for reconsideration of that order by order entered on December 8,
2006. Crews filed his notice of appeal on January 10, 2007,* 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 Crews 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
*
See Houston v. Lack, 487 U.S. 266, 276 (1988).
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