US v. Ronald Couch, Jr., No. 11-6061 (4th Cir. 2011)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-6061 UNITED STATES OF AMERICA, Plaintiff Appellee, v. RONALD LEE COUCH, JR., a/k/a D, a/k/a Diablo, Defendant Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Henry Coke Morgan, Jr., Senior District Judge. (2:98-cr-00099-HCM-1) Submitted: February 4, 2011 Decided: March 18, 2011 Before WILKINSON, NIEMEYER, and MOTZ, Circuit Judges. Dismissed by unpublished per curiam opinion. Ronald Lee Couch, Jr., Appellant Pro Se. Kevin Michael Comstock, Assistant United States Attorney, Norfolk, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Ronald Lee Couch, Jr. seeks to appeal his conviction and sentence. notice of In criminal cases, the defendant must file the appeal judgment. Fed. within R. App. fourteen P. days after 4(b)(1)(A). the With entry of 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 1999. The district notice of court appeal entered was judgment filed on on January January 3, 12, 2011. * Because the notice of appeal was not timely filed, we dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED * For the purpose of this appeal, we assume that the date appearing on the notice of appeal is the earliest date it could have been properly delivered to prison officials for mailing to the court. Fed. R. App. P. 4(c); Houston v. Lack, 487 U.S. 266 (1988). 2

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