USCA4 Appeal: 22-6357 Doc: 10 Filed: 08/23/2022 Pg: 1 of 3
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 22-6357
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
RAYMOND EDWARD GILL,
Defendant - Appellant.
Appeal from the United States District Court for the District of Maryland, at Baltimore.
Richard D. Bennett, Senior District Judge. (1:13-cr-00577-RDB-1)
Submitted: August 18, 2022 Decided: August 23, 2022
Before WYNN, THACKER, and HEYTENS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Raymond Edward Gill, Appellant Pro Se. Jason Daniel Medinger, Assistant United States
Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Baltimore, Maryland, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
USCA4 Appeal: 22-6357 Doc: 10 Filed: 08/23/2022 Pg: 2 of 3
PER CURIAM:
On March 25, 2022, * Raymond Edward Gill filed a notice of appeal in the district
court, seeking to challenge the district court’s refusal to grant Gill compassionate release.
By order entered June 12, 2020, the district court denied Gill’s April 2020 motion for
compassionate release—as well as several other motions, including a 28 U.S.C. § 2255
motion, that Gill filed around the same time (“June 12 Order”). In his appeal of the June
12 Order, Gill challenged only the district court’s denial of § 2255 relief, United States v.
Gill, Appeal No. 20-6946 (ECF Nos. 4, 7, 9, 13-14), and this court denied a certificate of
appealability and dismissed Gill’s appeal, United States v. Gill, 829 F. App’x 648 (4th Cir.
2020) (No. 20-6946). The Government has filed a motion to dismiss the underlying appeal.
We grant the Government’s motion. First, to the extent Gill seeks review of the
June 12 Order, Gill already appealed that order but failed to challenge the district court’s
denial of compassionate release in his informal brief. See 4th Cir. R. 34(b). Thus, in
addition to being nearly two years untimely, see Fed. R. App. P. 4(a)(1)(B) (affording 60
days to appeal when the United States is a party); Bowles v. Russell, 551 U.S. 205, 214
(2007) (“[T]he timely filing of a notice of appeal in a civil case is a jurisdictional
requirement.”), Gill’s appeal is also duplicative. Second, to the extent Gill’s appeal relates
to the motion for reconsideration that he filed in November 2021, in which Gill sought
*
See Houston v. Lack, 487 U.S. 266, 276 (1988) (holding that a pro se prisoner’s
notice of appeal is considered filed the moment it is delivered to prison authorities for
mailing to the court).
2
USCA4 Appeal: 22-6357 Doc: 10 Filed: 08/23/2022 Pg: 3 of 3
reconsideration of the court’s decision denying compassionate release, that portion of the
appeal is premature because the reconsideration motion is still pending in the district court.
For these reasons, we grant the Government’s motion and dismiss this appeal. 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 the decisional
process.
DISMISSED
3