UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-6675
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ANGEL MANUEL GONZALEZ,
Defendant - Appellant.
Appeal from the United States District Court for the Northern
District of West Virginia, at Martinsburg. John Preston Bailey,
Chief District Judge. (3:05-cr-00007-JPB-JES-3)
Submitted: May 8, 2009 Decided: June 11, 2009
Before TRAXLER, KING, and DUNCAN, Circuit Judges.
Remanded by unpublished per curiam opinion.
Angel Manuel Gonzalez, Appellant Pro Se. Paul Thomas
Camilletti, Thomas Oliver Mucklow, Assistant United States
Attorneys, Martinsburg, West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Angel Manuel Gonzalez seeks to appeal the district
court’s order granting his motion for reduction of sentence
under 18 U.S.C. § 3582(c)(2) (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 February 23, 2009. Gonzalez
filed the notice of appeal on April 8, 2009, ∗ after the ten-day
period expired but on the last day of 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 Gonzalez has shown
excusable neglect or good cause warranting an extension of the
∗
See Houston v. Lack, 487 U.S. 266, 276 (1988).
2
ten-day appeal period. The record, as supplemented, will then
be returned to this court for further consideration.
REMANDED
3