UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-8177
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DANNY BECKHAM,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Robert J.
Conrad, Jr., Chief District Judge. (3:06-cr-00087-RJC-DCK-2)
Submitted: February 23, 2009 Decided: March 23, 2009
Before MICHAEL, TRAXLER, and KING, Circuit Judges.
Remanded by unpublished per curiam opinion.
Danny Beckham, Appellant Pro Se. Keith Michael Cave, OFFICE OF
THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Danny Beckham seeks to appeal the district court’s
order denying relief on his 18 U.S.C. § 3582(c)(2) (2006) motion
for reduction of sentence. In a criminal case, 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 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 on August 27, 2008. Beckham filed the notice of appeal
on September 22, 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 to permit the district court to determine whether
Beckham 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