UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-4063
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
JERMAINE NELSON,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Anderson. G. Ross Anderson, Jr., Senior
District Judge. (8:09-cr-01333-GRA-1)
Submitted: March 27, 2014 Decided: April 1, 2014
Before MOTZ, Circuit Judge, and HAMILTON and DAVIS, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Jermaine Nelson, Appellant Pro Se. William Jacob Watkins, Jr.,
OFFICE OF THE UNITED STATES ATTORNEY, Greenville, South
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Jermaine Nelson seeks to appeal his conviction and
sentence. The Government has moved to dismiss the appeal as
untimely.
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). 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 January 5,
2011. The notice of appeal was filed on January 8, 2014. *
Because Nelson failed to file a timely notice of appeal or to
obtain an extension of the appeal period, we grant the
Government’s motion to dismiss the appeal, deny Nelson’s motion
for transcripts at government expense, and dismiss the appeal.
DISMISSED
*
For the purpose of this appeal, we assume that the date
appearing on the notice of appeal is the earliest date it could
have been properly delivered to prison officials for mailing to
the court. Fed. R. App. P. 4(c); Houston v. Lack, 487 U.S. 266
(1988).
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