UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-4808
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MOSES REZA,
Defendant - Appellant.
No. 14-4111
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MOSES REZA,
Defendant - Appellant.
Appeals from the United States District Court for the Middle
District of North Carolina, at Greensboro. N. Carlton Tilley,
Jr., Senior District Judge. (1:09-cr-00158-NCT-1)
Submitted: June 9, 2014 Decided: June 30, 2014
Before MOTZ, SHEDD, and KEENAN, Circuit Judges.
Dismissed in part; affirmed in part by unpublished per curiam
opinion.
Lisa S. Costner, LISA S. COSTNER, P.A., Winston-Salem, North
Carolina, for Appellant. Sandra Jane Hairston, Assistant United
States Attorney, Anna Mills Wagoner, OFFICE OF THE UNITED STATES
ATTORNEY, Greensboro, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
2
PER CURIAM:
In these consolidated appeals, Moses Reza seeks to
appeal his conviction and sentence after pleading guilty to
conspiracy to distribute five kilograms or more of cocaine. He
also appeals the district court’s order denying an extension of
the time to appeal under Fed. R. App. P. 4(b)(4). The
Government has moved to dismiss Reza’s appeal from his
conviction and sentence as untimely. Reza’s attorney has filed
a brief pursuant to Anders v. California, 386 U.S. 738 (1967),
asserting that there are no meritorious grounds for appeal but
asking us to review the record pursuant to Anders. Reza was
notified of his right to file a pro se supplemental brief but
has not done so. We grant the Government’s motion to dismiss
Reza’s appeal from his conviction and sentence, and we affirm
the district court’s order denying an extension under Rule 4(b).
In criminal cases, the defendant must file a 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). While time periods in criminal cases
are not jurisdictional, we enforce them when the Government
raises the issue. See United States v. Urutyan, 564 F.3d 679,
683-686 (4th Cir. 2009); United States v. Mitchell, 518 F.3d
3
740, 744 (10th Cir. 2008). We review a district court’s denial
of an extension under Rule 4(b) for abuse of discretion. See
United States v. Breit, 754 F.2d 526, 528-29 (4th Cir. 1985).
The district court entered the amended judgment on May
24, 2010. The notice of appeal was filed on July 6, 2010. See
Fed. R. App. P. 4(d). We previously remanded this case to the
district court to determine whether Reza could show excusable
neglect or good cause warranting an extension of the appeal
period. On remand, the district court found that an extension
of the appeal period was not warranted. After reviewing the
record, we conclude that the district court did not abuse its
discretion in denying an extension under Rule 4(b).
In accordance with Anders, we have reviewed the entire
record and have found no meritorious issues for appeal.
Accordingly, we grant the Government’s motion to dismiss Reza’s
appeal from his conviction and sentence, and we affirm the
district court’s order denying an extension under Rule 4(b).
This Court requires that counsel inform his or her client, in
writing, of his or her right to petition the Supreme Court of
the United States for further review. If the client requests
that a petition be filed, but counsel believes that such a
petition would be frivolous, then counsel may move in this Court
for leave to withdraw from representation. Counsel’s motion
must state that a copy thereof was served on the client.
4
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.
DISMISSED IN PART;
AFFIRMED IN PART
5