United States v. Payton, No. 20-1811 (6th Cir. 2020)Annotate this Case
On July 24, 2020, the district court denied Payton’s motion for compassionate release or a reduction of his sentence under 18 U.S.C. 3582(c)(1)(A). A notice of appeal, dated August 9, was filed in the district court on August 10. A defendant’s notice of appeal in a criminal case must be filed in the district court no later than 14 days after the challenged judgment or order is entered. Fed. R. App. P. 4(b)(1)(A). A section 3582(c) motion is a continuation of the criminal proceedings, so the 14-day deadline applies. Rule 4(b)(1)(A)'s deadline is not jurisdictional but is a claims-processing rule; the government can waive an objection to an untimely notice. If the government raises the issue of timeliness, the court must enforce the time limits.
In response to the government’s motion to dismiss, Payton asserted that the prison has been “on an institution-wide lockdown and getting copies in this environment is problematic” and argued excusable neglect. Rule 4(b)(4) authorizes the district court to extend the time for filing an appeal for up to 30 days if the court finds “good cause” or “excusable neglect.” The Sixth Circuit remanded for the limited purpose of allowing the district court to determine whether Payton has shown excusable neglect or good cause.