UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-7097
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
WILLIAM TERRENCE CROSS,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Rebecca Beach Smith, Chief
District Judge. (2:03-cr-00010-RBS-1)
Submitted: November 2, 2012 Decided: November 6, 2012
Before WILKINSON, KEENAN, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
William Terrence Cross, Appellant Pro Se. Laura Pellatiro
Tayman, Assistant United States Attorney, Newport News,
Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
William Terrence Cross seeks to appeal his
conviction for tampering with a witness and retaliation against
a witness. In criminal cases, the defendant must file the
notice of appeal within fourteen days after the entry of
judgment. 1 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 August 1, 2003.
The notice of appeal was filed on June 8, 2012. 2 Because Cross
failed to file a timely notice of appeal or to obtain an
extension of the appeal period, we dismiss the appeal. In
addition, we dismiss the appeal as duplicative.
DISMISSED
1
At the time 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) (2009). Cross’s notice of appeal was untimely
under either period.
2
For the purpose of this appeal, the date appearing on
Cross’s notice of appeal is the earliest date it could have been
properly delivered to prison officials for mailing to the court.
See Houston v. Lack, 487 U.S. 266, 276 (1988).
2