US v. Shawn Smithwick, No. 08-8469 (4th Cir. 2009)
Annotate this Case
The court issued a subsequent related opinion or order on May 12, 2010.
Download PDF
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-8469 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. SHAWN RHONDU SMITHWICK, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Fox, Senior District Judge. (5:06-cr-00121-F-1; 5:08-cv-00538-F) Submitted: July 7, 2009 Before TRAXLER, Judges. Chief Decided: Judge, and NIEMEYER and July 20, 2009 KING, Circuit Remanded by unpublished per curiam opinion. Shawn Rhondu Smithwick, Appellant Pro Se. Anne Margaret Hayes, Assistant United States Attorney, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Shawn Rhondu Smithwick seeks to appeal the district court s order denying his 18 U.S.C. § 3582(c)(2) (2006) motion for reduction of sentence. In criminal cases, the defendant must file a notice of appeal within ten days of the entry of the order being appealed. Fed. R. App. P. 4(b)(1)(A); United States v. Alvarez, 210 F.3d 309, 310 (5th Cir. 2000) (holding that § 3582(c)(2) proceeding is criminal in nature and ten-day appeal period applies). With or without a motion, the district court may grant an extension of time to file a notice of appeal of up to thirty cause. days upon a showing of excusable neglect or good Fed. R. App. P. 4(b)(4); United States v. Reyes, 759 F.2d 351, 353 (4th Cir. 1985). The district court entered its order Smithwick s § 3582(c)(2) motion on October 17, 2008. denying The notice of appeal was filed November 20, 2008, after the ten-day period expired but within Because the notice the of thirty-day appeal was excusable filed neglect within the period. excusable neglect period, we remand the case to the district court for the limited purpose of determining whether Smithwick has shown excusable neglect or good cause warranting an extension of the ten-day appeal period. The record, as supplemented, will then be returned to this court for further consideration. REMANDED 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
