concurring separately:
I concur in the result reached by the majority. In this case, I agree that Sad-ler’s untimely notice of appeal, see Federal Rule of Appellate Procedure 4(b), should be dismissed on the government’s objection, which was first raised in its opening brief.
I add a caveat. I believe circumstances could arise in a criminal appeal in which a federal court could properly reject the government’s Rule 4(b) objection, made to the late filed appeal of a defendant.
However, such a case is not before us at this time.