UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-4240
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
HERBERT LEWIS TURNER,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of Virginia, at Harrisonburg. Samuel G. Wilson, District
Judge. (5:01-cr-30062-sgw)
Submitted: November 6, 2007 Decided: August 13, 2008
Before TRAXLER and KING, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Remanded by unpublished per curiam opinion.
Craig W. Sampson, BARNES & DIEHL, PC, Chesterfield, Virginia, for
Appellant. Nancy Spodick Healey, Assistant United States Attorney,
Charlottesville, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Herbert Lewis Turner seeks to appeal the district court’s
order revoking his supervised release and sentencing him to
eighteen months’ imprisonment. 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 January 18, 2007.
Turner filed the notice of appeal on February 20, 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 limited purpose of permitting the court to determine
whether Turner 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
*
The envelope in which the notice was mailed was postmarked
February 20, 2007. Under the “mailbox rule” of Houston v. Lack,
487 U.S. 266 (1988), a document is deemed filed by a prisoner when
it is delivered to prison officials for mailing.
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