UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-6305
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
RONALD CHRISTOPHER NEAL,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. James A. Beaty, Jr.,
Chief District Judge. (2:94-cr-00300-JAB-4)
Submitted: September 2, 2010 Decided: September 20, 2010
Before WILKINSON and NIEMEYER, Circuit Judges, and HAMILTON,
Senior Circuit Judge.
Remanded by unpublished per curiam opinion.
Ronald Christopher Neal, Appellant Pro Se. Angela Hewlett
Miller, Assistant United States Attorney, Greensboro, North
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Ronald Christopher Neal appeals from the partial grant
of his 18 U.S.C. § 3582 (2006) motion for reduction of sentence.
The notice of appeal was received in the district court shortly
after expiration of the appeal period. Because Neal is
incarcerated, the notice is considered filed as of the date it
was properly delivered to prison officials for mailing to the
court. Fed. R. App. P. 4(c)(1); Houston v. Lack, 487 U.S. 266,
276 (1988). The record does not reveal when Neal gave the
notice of appeal to prison officials for mailing. Accordingly,
we remand the case for the limited purpose of allowing the
district court to obtain this information from the parties and
to determine whether the filing was timely under Fed. R. App. P.
4(c)(1) and Houston v. Lack.
Depending on the district court’s finding regarding
the filing date, it may be appropriate for the court to
determine whether Neal’s untimely filing was due to excusable
neglect. In criminal cases, the defendant must file the notice
of appeal within fourteen days after the entry of judgment.
Fed. R. App. P. 4(b)(1)(A); United States v. Alvarez, 210 F.3d
309, 310 (5th Cir. 2000) (holding that § 3582 proceeding is
criminal in nature). 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.
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Fed. R. App. P. 4(b)(4); United States v. Reyes, 759 F.2d 351,
353 (4th Cir. 1985). Should the district court determine that
the notice of appeal was filed within the excusable neglect
period, the court should determine whether Neal has shown
excusable neglect or good cause warranting an extension of the
fourteen-day appeal period. The record, as supplemented, will
then be returned to this court for further consideration.
REMANDED
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