US v. Brian Champagne, No. 09-4372 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-4372 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. BRIAN CHAMPAGNE, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Greenbelt. Roger W. Titus, District Judge. (8:06-cr-00481-RWT-1) Submitted: July 30, 2009 Decided: December 28, 2009 Before WILKINSON and KING, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Meghan Suzanne Skelton, Assistant Federal Public Defender, Greenbelt, Maryland; James Wyda, Federal Public Defender, Baltimore, Maryland, for Appellant. Daniel J. Fortune, OFFICE OF THE UNITED STATES ATTORNEY, Baltimore, Maryland; Mara B. Zusman, OFFICE OF THE UNITED STATES ATTORNEY, Greenbelt, Maryland, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Brian sentence. Champagne seeks to appeal his conviction and In criminal cases, the defendant must file the notice of appeal within ten days after the entry of judgment. App. P. 4(b)(1)(A). Fed. R. 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). January 9, 2007. 2008. Because appeal or to The and materials court entered judgment on The notice of appeal was filed on August 22, Champagne failed to file a timely notice of obtain dismiss the appeal. facts district legal before an extension of the appeal period, we We dispense with oral argument because the contentions are adequately the and argument court presented would not in the aid the decisional process. DISMISSED 2

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