United States v. Campbell, No. 19-3226 (8th Cir. 2020)
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Defendant challenged his 336-month sentence imposed after he pleaded guilty to producing child pornography. The district court subsequently amended the original judgment to include the specific case numbers.
The court held that the amended judgment did not disturb or revise legal rights and obligations because it did not make a material change. Therefore, the amended judgment did not trigger a new time to appeal. The court stated that defendant's notice of appeal was timely as to the amended judgment, but was untimely as to the original judgment. Accordingly, the court remanded for the district court to find whether this is a case of excusable neglect or good cause under Appellate Procedure 4(b)(4) and to extend the time to file a notice of appeal.
Court Description: [Per Curiam - Before Benton, Melloy and Kobes, Circuit Judges] Criminal case - Criminal law. The amended judgment did not make a material change to the original judgment in the matter and did not trigger a new appeal period; defendant's notice of appeal, while timely as to the amended judgment, was not timely as to the original judgment and was, therefore untimely; remanded to the district court to permit it find whether, under FRAP 4(b)(4), the time for filing a notice of appeal should be extended for excusable neglect or good cause. [ August 18, 2020 ]
The court issued a subsequent related opinion or order on September 24, 2020.
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