UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-7133
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ANTHONY HATCHES, a/k/a Jameel Smith, a/k/a Anthony Dove,
a/k/a Ant Hatches, a/k/a Anthony Farvey,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of Virginia, at Charlottesville. Norman K. Moon,
District Judge. (3:02-cr-00058-NKM-1)
Submitted: November 13, 2008 Decided: November 20, 2008
Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges.
Remanded by unpublished per curiam opinion.
Anthony Hatches, Appellant Pro Se. Bruce A. Pagel, OFFICE OF THE
UNITED STATES ATTORNEY, Charlottesville, Virginia, Jeb Thomas
Terrien, Assistant United States Attorney, Harrisonburg,
Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Anthony Hatches seeks to appeal the district court’s
order denying his motion for reduction of sentence under 18
U.S.C. § 3582(c) (2006). 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 denying the
motion for reduction of sentence on June 3, 2008. Hatches
delivered the notice of appeal to prison officials on June 18,
2008, 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 Hatches
has shown excusable neglect or good cause warranting an
extension of the ten-day appeal period. The record, as
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supplemented, will then be returned to this court for further
consideration.
REMANDED
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