US v. Gregory Brantley, No. 22-4166 (4th Cir. 2023)
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Defendant was sentenced to 123 months’ imprisonment followed by a five-year term of supervised release after pleading guilty to drug distribution and firearms charges. At the sentencing hearing, the judge told Defendant that he would be “subject to the standard conditions” of supervised release “as adopted in the Eastern District of North Carolina.” However, the subsequent written judgment contained several special conditions of supervised release not mentioned in the oral pronouncement. These were no minor alterations. One special condition forbade Defendant from opening new lines of credit without permission. Another stipulated Defendant’s consent to warrantless searches of his person or his home whenever his probation officer saw fit. Defendant sent the district court a letter indicating his desire to appeal—223 days after the entry of judgment in his case and long after Rule 4(b)’s deadline had expired. The government promptly moved to dismiss his appeal as untimely.
The Fourth Circuit granted the government’s motion to dismiss. The court explained that in United States v. Rogers, 961 F.3d 291 (4th Cir. 2020), the addition of such unpronounced conditions is an error that violates the defendant’s right to be present at sentencing. When a defendant timely appeals a Rogers error, the court must vacate the sentence and remand for the defendant to be sentenced anew. However, here, Defendant filed his notice of appeal well outside the time limits imposed by Rule 4(b) of the Federal Rules of Appellate Procedure. The court held that defendants who raise Rogers errors are not excused from the usual timeliness rules for filing a notice of appeal.
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