UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-6868
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ARNOLD CHARLES CABARRIS,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Robert E. Payne, Senior
District Judge. (3:98-cr-00271-REP-1)
Submitted: October 29, 2009 Decided: December 9, 2009
Before MICHAEL, DUNCAN, and AGEE, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Arnold Charles Cabarris, Appellant Pro Se. Norval George
Metcalf, Assistant United States Attorney, Michael Cornell
Wallace, OFFICE OF THE UNITED STATES ATTORNEY, Richmond,
Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Arnold Charles Cabarris appeals the district court’s
order denying his motion for reduction of sentence under 18
U.S.C. § 3582(c)(2) (2006). ∗ We have reviewed the record and
find no reversible error. Accordingly, we affirm for the
reasons stated by the district court. See United States v.
Cabarris, No. 3:98-cr-00271-REP-1 (E.D. Va. Apr. 14, 2009). 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.
AFFIRMED
∗
Cabarris’s notice of appeal was filed one day late, but he
timely sought an extension of time pursuant to Fed. R. App. P.
4(b)(4) for excusable neglect or good cause. In its
consideration of Cabarris’s motion, the district court found no
excusable neglect based on its assessment of the merits of the
appeal. Such a merits review by the district court of its own
order is not an appropriate consideration under Rule 4(b)(4).
However, because the time limits of Rule 4(b) are not
jurisdictional, see Bowles v. Russell, 551 U.S. 205, 208-13
(2007); United States v. Urutyan, 564 F.3d 679, 683-86 (4th Cir.
2009), and the Government has not moved to dismiss the appeal as
untimely, we decline to dismiss the appeal as untimely and
instead address the merits of the motion for sentence reduction.
2