USA v. Larry Jackson, No. 05-3988 (8th Cir. 2006)
Annotate this CaseCourt Description: Prisoner case - Appellate Procedure. Case remanded to the district court for a determination as to whether plaintiff's failure to file a timely notice of appeal was due to excusable neglect, and if so, whether the time for filing his notice of appeal should be extended.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 05-3988 ___________ United States of America, Appellee, v. Larry Jackson, Appellant. * * * * Appeal from the United States * District Court for the * Northern District of Iowa. * * [UNPUBLISHED] * ___________ Submitted: November 6, 2006 Filed: November 14, 2006 ___________ Before SMITH, MAGILL, and BENTON, Circuit Judges. ___________ PER CURIAM. Larry Jackson has filed an untimely notice of appeal (NOA) from the district court s September 26, 2005 denial of his 18 U.S.C. § 3582(c)(2) sentence-reduction motion. See Fed. R. App. P. 4(b)(1)(A) (10 days to appeal in criminal cases); United States v. Petty, 82 F.3d 809, 810 (8th Cir. 1996) (per curiam) (time limits for appealing in criminal cases apply to appeal from denial of § 3582(c)(2) motion). Because the NOA was due October 10, 2005, and is deemed filed October 19, see Fed. R. App. P. 4(c) (prison mailbox rule), it was less than thirty days late, and thus we remand to the district court to determine whether Jackson s failure to file a timely NOA was due to excusable neglect, and if so, whether the time for filing his NOA should be extended. See Fed. R. App. P. 4(b)(4); United States v. Austin, 217 F.3d 595, 598 (8th Cir. 2000). ______________________________ -2-
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