UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-6236
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ROBERT EDWARD TILLERY,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Terrence W. Boyle,
District Judge. (5:01-cr-00253-BO-1)
Submitted: November 29, 2010 Decided: March 18, 2011
Before WILKINSON, NIEMEYER, and AGEE, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Robert Edward Tillery, Appellant Pro Se. Rudolf A. Renfer, Jr.,
Assistant United States Attorney, Kristin L. Fritz, OFFICE OF
THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Robert Edward Tillery seeks to appeal the district
court’s order denying his motion for reduction of sentence under
18 U.S.C. § 3582 (2006). 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); see United States v.
Alvarez, 210 F.3d 309, 310 (5th Cir. 2000) (holding that § 3582
proceeding is criminal in nature and Rule 4(b)(1)(A) appeal
period applies). 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 denying the
motion for reduction of sentence on November 1, 2009. The
notice of appeal was filed on February 4, 2010. Because Tillery
failed to file a timely notice of appeal or to obtain an
extension of the appeal period, we dismiss the appeal. We
dispense with oral argument because the facts and legal
∗
Because Tillery appeals from an order entered before
December 1, 2009, the appeal period was ten days. For criminal
orders entered after that date, the appeal period is fourteen
days.
2
contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
DISMISSED
3