Rehearing granted, November 18, 2009
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-6100
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
AMADO ANTONIO CARTAGENA,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Frank D. Whitney,
District Judge. (3:06-cr-00153-FDW-DCK-1)
Submitted: June 18, 2009 Decided: June 23, 2009
Before NIEMEYER, GREGORY, and DUNCAN, Circuit Judges.
Dismissed by unpublished by per curiam opinion.
Amado Antonio Cartagena, 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Unpublished opinions are not binding precedent in this circuit.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:
Amado Antonio Cartagena seeks to appeal the district
court’s order denying his motion for reduction of sentence
pursuant to 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). 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 September 14,
2008. The notice of appeal was filed on January 4, 2009. *
Because Cartagena 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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