UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-6844
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
STANLEY HICKMAN,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Terrence W. Boyle,
District Judge. (5:93-cr-00144-BO-3)
Submitted: August 31, 2009 Decided: October 14, 2009
Before NIEMEYER and MICHAEL, Circuit Judges, and HAMILTON,
Senior Circuit Judge.
Remanded by unpublished per curiam opinion.
Stanley Hickman, Appellant Pro Se. Anne Margaret Hayes,
Assistant United States Attorney, Robert Jack Higdon, Jr.,
OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Stanley Hickman seeks to appeal the district court’s
order denying his motion to correct the presentence report. 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 its order on March 25,
2009. Hickman filed the notice of appeal on April 23, 2009, ∗
after the ten-day period expired but before the expiration 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 Hickman 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
∗
See Houston v. Lack, 487 U.S. 266, 276 (1988).
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