UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 18-6216
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
FRED CARRASCO, JR., a/k/a Aaron Bryant,
Defendant - Appellant.
Appeal from the United States District Court for the Western District of North Carolina,
at Charlotte. Robert J. Conrad, Jr., District Judge. (3:13-cr-00199-RJC-1; 3:16-cv-
00298-RJC)
Submitted: August 30, 2018 Decided: October 5, 2018
Before WILKINSON, AGEE, and HARRIS, Circuit Judges.
Remanded by unpublished per curiam opinion.
Fred Carrasco, Jr., Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Fred Carrasco, Jr., seeks to appeal the district court’s October 13, 2016 order
denying relief on his 28 U.S.C. § 2255 (2012) motion. Although the docketed notice of
appeal was received after the expiration of the appeal period, Carrasco asserts that he
previously delivered his original notice of appeal to prison officials for mailing on
December 8, 2016—within the 60-day appeal period. Fed. R. App. P. 4(a)(1)(B).
Because Carrasco 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 (1988). The record does not conclusively establish that
Carrasco in fact provided a notice of appeal to prison officials for mailing on December
8, 2016. Accordingly, we remand the case for the limited purpose of allowing the district
court to make this finding and to determine whether Carrasco timely noted an appeal
under Fed. R. App. P. 4(c)(1) and Houston v. Lack. The record, as supplemented, will
then be returned to this court for further consideration.
REMANDED
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