Unpublished Dispositionunited States of America, Plaintiff-appellee, v. George Knost, Defendant-appellant, 837 F.2d 1091 (6th Cir. 1987)

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US Court of Appeals for the Sixth Circuit - 837 F.2d 1091 (6th Cir. 1987) Dec. 7, 1987

Before KEITH, MILBURN and DAVID A. NELSON; Circuit Judges.

ORDER

This appeal is before the court upon review of the file and for consideration pursuant to Rule 9(a), Rules of the Sixth Circuit.

A review of the file indicates that the appellant's October 29, 1987, notice of appeal from the order entered October 8, 1987, denying the Fed. R. Crim. P. 35 motion for correction of sentence was filed 10 days late. United States v. Willis, 804 F.2d 961, 962 (6th Cir. 1985); Fed. R. App. P. 4(b). However, the district court has authority to grant an extension of time since the notice of appeal was filed within thirty days after expiration of the appeals period. United States v. Hoye, 548 F.2d 1271 (6th Cir. 1977). The notice of appeal alleges excusable neglect and can be construed as a motion for extension of time. Cf. Pryor v. Marshall, 711 F.2d 63 (6th Cir. 1983).

It is ORDERED that the case be remanded to the district court for a ruling on appellant's motion for extension of time for filing the notice of appeal.