US v. Cedrick Snipes, No. 09-6526 (4th Cir. 2009)
Annotate this Case
The court issued a subsequent related opinion or order on April 28, 2010.
Download PDF
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-6526 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. CEDRICK L. SNIPES, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Charleston. Patrick Michael Duffy, District Judge. (2:05-cr-00718-PMD-1) Submitted: October 20, 2009 Before TRAXLER, Chief Judge, HAMILTON, Senior Circuit Judge. Decided: NIEMEYER, October 26, 2009 Circuit Judge, and Remanded by unpublished per curiam opinion. Cedrick L. Snipes, Appellant Pro Se. Peter Thomas Phillips, Assistant United States Attorney, Charleston, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Cedrick L. Snipes seeks to appeal the district court s order granting his motion for reduction of sentence under 18 U.S.C. § 3582(c)(2) (2006). In criminal cases, the defendant must file the notice of appeal within ten days after the entry of judgment. Fed. R. App. P. 4(b)(1)(A); see United States v. Alvarez, F.3d 210 proceeding is applies). 309, 310 criminal in (5th Cir. nature and 2000) (holding ten-day appeal § 3582 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 district court entered its order on February 27, 2009. Snipes s undated notice of appeal was mailed in an envelope bearing a postmark of March 18, 2009, see Houston v. Lack, 487 U.S. 266 (1988), a date beyond the ten-day appeal period Because but the within the notice of thirty-day appeal was excusable filed neglect within the period. excusable neglect period, we remand the case to the district court for the court to determine whether Snipes 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.
