UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-8359
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DAMIAN G. BEY, a/k/a Damien Giovanni Bey,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. W. Earl Britt, Senior
District Judge. (5:03-cr-00252-BR-l)
Submitted: March 17, 2009 Decided: March 23, 2009
Before TRAXLER, KING, and AGEE, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Damian G. Bey, Appellant Pro Se. Mary Jude Darrow, Raleigh,
North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Damian G. Bey seeks to appeal the denial of his
motions to compel the Government to file a Fed. R. Crim. P. 35
motion and to withdraw his guilty plea. 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 March 24, 2008
and reaffirmed its previous denial on July 14, 2008. The notice
of appeal was filed on October 22, 2008. * Because Bey 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
*
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,
276 (1988).
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