UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-7252
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ALBERTO ESPINOSA,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Alexander Williams, Jr., District
Judge. (8:97-cr-00343-AW-13)
Submitted: May 20, 2010 Decided: June 10, 2010
Before MOTZ and KING, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Remanded by unpublished per curiam opinion.
Alberto Espinosa, Appellant Pro Se. Deborah A. Johnston,
Assistant United States Attorney, Greenbelt, Maryland, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Alberto Espinosa seeks to appeal the district court’s
order denying his motion to unseal records. In criminal cases
prior to December 1, 2009, 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 June 11, 2009.
At the earliest, Espinosa filed the notice of appeal on June 29,
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 Espinosa
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