US v. Robert Tillery, No. 10-6236 (4th Cir. 2011)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-6236 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ROBERT EDWARD TILLERY, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, District Judge. (5:01-cr-00253-BO-1) Submitted: November 29, 2010 Decided: March 18, 2011 Before WILKINSON, NIEMEYER, and AGEE, Circuit Judges. Dismissed by unpublished per curiam opinion. Robert Edward Tillery, Appellant Pro Se. Rudolf A. Renfer, Jr., Assistant United States Attorney, Kristin L. Fritz, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Robert Edward Tillery seeks to appeal the district court s order denying his motion for reduction of sentence under 18 U.S.C. § 3582 (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, 210 F.3d 309, 310 (5th Cir. 2000) (holding that § 3582 proceeding is criminal period applies). in nature and Rule 4(b)(1)(A) appeal 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 motion for district reduction court of entered sentence its on order November notice of appeal was filed on February 4, 2010. failed to file extension of dispense with a the timely appeal oral denying appeal or period, we dismiss the the The Because Tillery of because 2009. 1, notice argument the to facts obtain appeal. and an We legal Because Tillery appeals from an order entered before December 1, 2009, the appeal period was ten days. For criminal orders entered after that date, the appeal period is fourteen days. 2 contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 3
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