US v. Celso Cervantes-Hernandez, No. 10-7199 (4th Cir. 2011)

 Annotate this Case
Download PDF
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-7199 UNITED STATES OF AMERICA, Plaintiff Appellee, v. CELSO CERVANTES-HERNANDEZ, Defendant Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at New Bern. Louise W. Flanagan, Chief District Judge. (7:03-cr-00075-FL-2) Submitted: December 21, 2010 Decided: January 4, 2011 Before NIEMEYER and KEENAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Celso Cervantes-Hernandez, Appellant Pro Se. Steve R. Matheny, Assistant United States Attorney, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Celso Cervantes-Hernandez conviction and sentence. seeks to appeal his In criminal cases where judgment was entered prior to December 1, 2009, the defendant must file a notice of appeal within ten days after the entry of judgment. Fed. R. App. P. 4(b)(1)(A). 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 February 19, 2004. court to file extension of dispense with a the judgment on The notice of appeal was filed more than six years later on August 26, 2010. failed entered timely appeal oral Because Cervantes-Hernandez notice of appeal or period, we dismiss the argument because the to facts 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

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.