US v. Fred Hammond, Jr., No. 09-7198 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7198 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. FRED HAMMOND, JR., Defendant - Appellant. Appeal from the United States District Court for the Middle District of North Carolina, at Durham. James A. Beaty, Jr., Chief District Judge. (1:92-cr-00172-JAB-1) Submitted: September 10, 2009 Decided: September 16, 2009 Before KING, DUNCAN, and AGEE, Circuit Judges. Dismissed by unpublished per curiam opinion. Fred Hammond, Jr., Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Fred Hammond, Jr. seeks to appeal the district court s order denying his motion for U.S.C. § 3582(c)(2) (2006). reduction of sentence under 18 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, 210 F.3d 309, 310 (5th Cir. 2000) (holding that § 3582 proceeding applies). is criminal in nature and ten-day appeal 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 denying the motion for reduction of sentence on April 3, 2008. The notice of 16, appeal was filed, Houston v. Lack, failed file to extension of dispense with 487 a the at U.S. timely appeal oral the earliest, 266, 276 on (1988). June Because notice of appeal or period, we dismiss the argument because the to facts 2009. Hammond obtain appeal. and an 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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