UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-6625
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
RICKY BERNARD ECKLES,
Defendant – Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Statesville. Richard L.
Voorhees, District Judge. (5:05-cr-00009-RLV-DCK-1)
Submitted: June 18, 2009 Decided: June 25, 2009
Before NIEMEYER, GREGORY, and DUNCAN, Circuit Judges.
Remanded by unpublished per curiam opinion.
Ricky Bernard Eckles, Appellant Pro Se. Amy Elizabeth Ray,
Assistant United States Attorney, Asheville, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Ricky Eckles seeks to appeal the district court’s
order denying his motion for reduction of sentence under 18
U.S.C. § 3582 (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 27, 2009. Eckles’
notice of appeal was postmarked on March 24, 2009, 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 Eckles 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