United States v. Starks, No. 15-3760 (8th Cir. 2016)
Annotate this CaseDefendant appealed the denial of his motions to reduce his sentence under 18 U.S.C. 3582(c)(2). In this case, the district court did not determine whether defendant's untimely notice of appeal was the result of excusable neglect or good cause. The government argues that this appeal is untimely under Fed. R. App. P. 4(b). Defendant argues that the district court implicitly granted him a thirty day extension for excusable neglect or good cause under Rule 4(b)(4) when it docketed his late notice of appeal. The court remanded to the district court to address the issue.
Court Description: Murphy, Author, with Riley, Chief Judge, and Smith, Circuit Judge] Criminal case - Sentencing. The district court did not determine whether Starks' untimely notice of appeal was the result of excusable neglect or good cause, and the matter is remanded to the district court with directions to make such a determination and advise this court of its findings.
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