UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-6005
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JONATHAN CRAIG SINGLETON,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of Virginia, at Abingdon. James P. Jones, Chief District
Judge. (1:05-cr-00030-jpj-pms-2)
Submitted: April 28, 2008 Decided: May 9, 2008
Before WILKINSON, MOTZ, and SHEDD, Circuit Judges.
Remanded by unpublished per curiam opinion.
Jonathan Craig Singleton, Appellant Pro Se. Jennifer R. Bockhorst,
Assistant United States Attorney, Abingdon, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Jonathan Singleton seeks to appeal the district court’s
order denying his motion to defer payment of his criminal fine. 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 its order on October 19, 2007.
Singleton filed the notice of appeal on November 18, 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 Singleton 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
*
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).
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