UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-7719
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
WAYNE HILL,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Greenville. Henry F. Floyd, District Judge.
(6:05-cr-00707-HFF-6)
Submitted: December 17, 2009 Decided: December 30, 2009
Before WILKINSON, NIEMEYER, and AGEE, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Wayne Hill, Appellant Pro Se. Robert Frank Daley, Jr.,
Assistant United States Attorney, Columbia, South Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Wayne Hill appeals the district court’s order denying
his motion for a delayed direct appeal. Hill was sentenced in
March 2006 and did not file an appeal. In July 2009, he filed
the underlying motion seeking permission from the district court
to note a delayed appeal. Assuming the ten-day appeal period
specified in Fed. R. App. P. 4(b) is no longer considered
jurisdictional, see generally Bowles v. Russell, 551 U.S. 205,
209-14 (2007), we find no basis in the record to justify an
extension of the more than three years requested by Hill.
Accordingly, we affirm the district court’s denial of Hill’s
motion. * 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
*
To the extent the district court relied on the appellate
waiver contained in Hill’s plea agreement, we decline to adopt
this reasoning. See United States v. Poindexter, 492 F.3d 263,
273 (4th Cir. 2007).
2