United States v. Oliver, No. 15-4376 (4th Cir. 2017)Annotate this Case
Defendant appealed his criminal conviction years after the Federal Rule of Appellate Procedure 4(b)(1)(A) filing deadline and nearly three months after the district court denied his motion to vacate the conviction under 28 U.S.C. 2255. The Government did not object to the appeal's untimeliness. The Fourth Circuit held that it had the authority to dismiss untimely criminal appeals sua sponte but that it should exercise that authority only in extraordinary circumstances. In this case, given the procedural history of defendant's case, the court found that such extraordinary circumstances were present and thus dismissed the appeal.