US v. Gerson Martinez-Turcio, No. 14-6337 (4th Cir. 2014)

Annotate this Case

Download PDF

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-6337 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. GERSON GUZMAN MARTINEZ-TURCIO, a/k/a Jerson Martinez, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Greenville. Henry M. Herlong, Jr., Senior District Judge. (6:10-cr-00054-HMH-8; 6:13-cv-01140-HMH) Submitted: July 29, 2014 Decided: July 31, 2014 Before NIEMEYER, WYNN, and DIAZ, Circuit Judges. Dismissed by unpublished per curiam opinion. Gerson Guzman Martinez-Turcio, Appellant Pro Se. Alan Lance Crick, Assistant United States Attorney, Andrew Burke Moorman, OFFICE OF THE UNITED STATES ATTORNEY, Greenville, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Gerson Guzman Martinez-Turcio seeks to appeal the district court s order denying his motion for reconsideration of a prior order motion. denying relief on his 28 U.S.C § 2255 (2012) We dismiss the appeal for lack of jurisdiction because the notice of appeal was not timely filed. When the United States or its officer or agency is a party, the notice of appeal must be filed no more than sixty days after the entry of the district court s final judgment or order, Fed. R. App. P. 4(a)(1)(B), unless the district court extends the appeal period under Fed. R. App. P. 4(a)(5), or reopens the appeal period under Fed. R. App. P. 4(a)(6). timely filing of a notice of jurisdictional requirement. appeal in a civil [T]he case is a Bowles v. Russell, 551 U.S. 205, 214 (2007). The district court s order was entered on the docket on December 13, 2013. The notice of appeal was filed, at the earliest, on February 25, 2014. Because Martinez-Turcio failed to file a timely notice of appeal or to obtain an extension or reopening of dispense with contentions the are appeal oral period, argument adequately we dismiss because presented in the the the facts appeal. We and legal materials before this 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.