US v. Subu Dubey, No. 08-7514 (4th Cir. 2008)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-7514 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. SUBU DUBEY, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Wilmington. James C. Fox, Senior District Judge. (7:02-cr-00109-F-1) Submitted: December 16, 2008 Decided: December 24, 2008 Before WILKINSON, MICHAEL, and KING, Circuit Judges. Dismissed by unpublished per curiam opinion. Subu Dubey, Appellant Pro Se. Rudolf A. Renfer, Jr., Assistant United States Attorney, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Subu sentence. Dubey 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). The 2003. district court entered judgment on January The notice of appeal was filed on July 21, 2008. 29, Because Dubey failed to file a timely notice of appeal or obtain an extension of the appeal period, and does not demonstrate good cause to excuse the late filing, we dismiss the appeal. dispense with oral argument because the facts and We legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 2

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