US v. Jermaine Nelson, No. 14-4063 (4th Cir. 2014)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-4063 UNITED STATES OF AMERICA, Plaintiff Appellee, v. JERMAINE NELSON, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Anderson. G. Ross Anderson, Jr., Senior District Judge. (8:09-cr-01333-GRA-1) Submitted: March 27, 2014 Before MOTZ, Circuit Circuit Judge. Judge, Decided: and HAMILTON and April 1, 2014 DAVIS, Senior Dismissed by unpublished per curiam opinion. Jermaine Nelson, Appellant Pro Se. William Jacob Watkins, Jr., OFFICE OF THE UNITED STATES ATTORNEY, Greenville, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Jermaine sentence. Nelson seeks to appeal his conviction and The Government has moved to dismiss the appeal as untimely. In criminal cases, the defendant must file the notice of appeal within fourteen days Fed. R. App. P. 4(b)(1)(A). after the entry of judgment. 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 2011. The district notice of court entered appeal was judgment filed on on January January 8, 5, 2014. * Because Nelson failed to file a timely notice of appeal or to obtain an extension of the appeal period, we grant the Government s motion to dismiss the appeal, deny Nelson s motion for transcripts at government expense, and dismiss the appeal. 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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