UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-7126
UNITED STATES OF AMERICA,
Plaintiff- Appellee,
v.
DENNIS ALLEN BREWER,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. T. S. Ellis III, Senior
District Judge. (1:91-cr-00342-TSE-1)
Submitted: October 21, 2008 Decided: October 29, 2008
Before MICHAEL, TRAXLER, and DUNCAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Dennis Allen Brewer, Appellant Pro Se. Beth Nicole Gibson,
OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Dennis Allen Brewer seeks to appeal the district
court’s order reducing his sentence from 360 months’
imprisonment to 324 months’ imprisonment under 18 U.S.C.A.
§ 3582 (West 2000 & Supp. 2008). 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); see United
States v. Alvarez, 210 F.3d 309, 310 (5th Cir. 2000) (holding
that § 3582 proceeding is criminal in nature and ten-day appeal
period applies). 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 April 25,
2008. The notice of appeal was filed on June 19, 2008. Because
Brewer 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
2