United States v. Antoine Echols, Sr., No. 07-2856 (8th Cir. 2007)
Annotate this CaseCourt Description: Criminal case - criminal law. Case remanded to allow the district court to determine if defendant can establish excusable neglect for his failure to file a timely appeal from the denial of his 18 U.S.C. Sec. 3583(e)(1) motion for early termination of his supervised release.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 07-2856 ___________ United States, Appellee, v. Antoine Echols Sr., Appellant. * * * Appeal from the United States * District Court for the Eastern * District of Missouri. * * [UNPUBLISHED] * * ___________ Submitted: October 19, 2007 Filed: October 25, 2007 ___________ Before BYE, HANSEN, and BENTON, Circuit Judges. ___________ PER CURIAM. Antoine Echols has filed an untimely notice of appeal (NOA) from the district court s1 June 25, 2007 denial of his 18 U.S.C. ยง 3583(e)(1) motion for early termination of his supervised release. Echols filed his NOA within forty days of entry of the June 25 order, however, and thus we remand to the district court to determine whether Echols s failure to file a timely NOA was due to excusable neglect, and if so, whether the time for filing his NOA should be extended. See Fed. R. App. P. 4(b)(4); United States v. Petty, 82 F.3d 809, 810 (8th Cir. 1996) (per curiam). ______________________________ 1 The Honorable Stephen N. Limbaugh, United States District Judge for the Eastern District of Missouri.
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