US v. Anthony Hatches, No. 08-7133 (4th Cir. 2008)
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The court issued a subsequent related opinion or order on December 16, 2009.
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-7133 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ANTHONY HATCHES, a/k/a Jameel Smith, a/k/a Anthony Dove, a/k/a Ant Hatches, a/k/a Anthony Farvey, Defendant - Appellant. Appeal from the United States District Court for the Western District of Virginia, at Charlottesville. Norman K. Moon, District Judge. (3:02-cr-00058-NKM-1) Submitted: November 13, 2008 Decided: November 20, 2008 Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges. Remanded by unpublished per curiam opinion. Anthony Hatches, Appellant Pro Se. Bruce A. Pagel, OFFICE OF THE UNITED STATES ATTORNEY, Charlottesville, Virginia, Jeb Thomas Terrien, Assistant United States Attorney, Harrisonburg, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Anthony Hatches seeks to appeal the district court s order denying his motion U.S.C. § 3582(c) (2006). for reduction of sentence under 18 In criminal cases, the defendant must file the notice of appeal within ten days after the entry of Fed. R. App. P. 4(b)(1)(A); see United States v. judgment. Alvarez, 210 F.3d 309, 310 (5th Cir. 2000) (holding that § 3582 proceeding is applies). criminal in nature and ten-day appeal period 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 motion for district reduction court of entered sentence its on June order 3, denying 2008. the Hatches delivered the notice of appeal to prison officials on June 18, 2008, after the ten-day period expired but within the thirty-day excusable neglect period. Because the notice of appeal was filed within the excusable neglect period, we remand the case to the district court for the court to determine whether Hatches has shown extension excusable of the neglect ten-day or appeal 2 good cause period. warranting The record, an as supplemented, will then be returned to this court for further consideration. REMANDED 3
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