UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-7297
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
KENNETH WAYNE TUCKER, a/k/a Kenneth Nathaniel Tucker, a/k/a
Kenneth N. Tucker,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Henry E. Hudson, District
Judge. (3:07-cr-00098-HEH-1)
Submitted: January 30, 2009 Decided: February 25, 2009
Before TRAXLER, KING, and GREGORY, Circuit Judges.
Remanded by unpublished per curiam opinion.
Kenneth Wayne Tucker, Appellant Pro Se. Peter Sinclair Duffey,
Assistant United States Attorney, Richmond, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Kenneth Wayne Tucker seeks to appeal his conviction
and sentence. 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 June 13, 2008.
Tucker filed the notice of appeal on July 24, 2008, 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 Tucker 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
2