UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-4847
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
WILLIAM AUSTIN FLOWERS,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Catherine C. Blake, Chief District
Judge. (1:06-cr-00222-CCB-1)
Submitted: October 22, 2014 Decided: November 5, 2014
Before MOTZ, WYNN, and DIAZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
William Austin Flowers, Appellant Pro Se. Michael Clayton
Hanlon, Assistant United States Attorney, Baltimore, Maryland,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
William Austin Flowers seeks to appeal his conviction
and 154-month sentence following his guilty plea to obstruction
of commerce through robbery, in violation of 18 U.S.C. § 1951
(2012), and use of a firearm in relation to a crime of violence,
in violation of 18 U.S.C. § 924(c) (2012). In a criminal case,
where judgment was entered before December 1, 2009, a defendant
must file his notice of appeal within ten days after the entry
of judgment. 1 Fed. R. App. P. 4(b)(1)(A)(i). With or without a
motion, the district court may extend the time in which to file
a notice of appeal for an additional thirty days from the
expiration of this time period upon a finding of excusable
neglect or good cause. Fed. R. App. P. 4(b)(4); United States
v. Reyes, 759 F.2d 351, 353 (4th Cir. 1985).
The district court entered the criminal judgment on
April 12, 2007. The notice of appeal was filed November 4,
2013. 2 Because Flowers failed to file a timely notice of appeal
or obtain an extension of the appeal period, and because the
1
At the time the judgment was entered, the appeal period
was ten days. Fed. R. App. P. 4(b)(1)(A)(i) (2008). On
December 1, 2009, the period was extended to fourteen days. Fed.
R. App. P. 4(b)(1)(A)(i). Flowers’ notice of appeal was
untimely under either period.
2
See Fed. R. App. P. 4(c)(1); Houston v. Lack, 487 U.S.
266, 276 (1988) (prisoners entitled to filing as of date they
tendered notice of appeal to prison authorities for mailing).
2
delay was inordinate, we dismiss the appeal. We also deny
Flowers’ motion to appoint counsel. We dispense with oral
argument because the facts and legal contentions are adequately
presented in the materials before this court and argument would
not aid in the decisional process.
DISMISSED
3