306 F. App'x 822

UNITED STATES of America, Plaintiff—Appellee, v. Orlando WALLACE, Defendant—Appellant.

No. 08-7101.

United States Court of Appeals, Fourth Circuit.

Submitted: Jan. 13, 2009.

Decided: Jan. 15, 2009.

Orlando Wallace, Appellant Pro Se. Peter Sinclair Duffey, Assistant United States Attorney, Richmond, Virginia, for Appellee.

Before WILLIAMS, Chief Judge, and TRAXLER and KING, Circuit Judges.

PER CURIAM:

Orlando Wallace seeks to appeal the district court’s sealed order. In criminal cases, the defendant must file the notice of appeal within ten days after the entry of judgment. Fed. R.App. P. 4(b)(1)(A); see United States v. Little, 392 F.3d 671, 680-81 (4th Cir.2004) (applying ten-day appeal period to appeal from Rule 35 ruling). With or without a motion, upon a showing of excusable neglect or good cause, the district court may grant an extension of up to thirty days to file a notice of appeal. Fed. R.App. P. 4(b)(4); United States v. Reyes, 759 F.2d 351, 353 (4th Cir.1985).

The district court entered its order on February 29, 2008. The notice of appeal was filed on June 6, 2008.* Because Wal*823lace failed to file a timely notice of appeal or to obtain an extension of the appeal period, we dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED.

United States v. Wallace
306 F. App'x 822

Case Details

Name
United States v. Wallace
Decision Date
Jan 15, 2009
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306 F. App'x 822

Jurisdiction
United States

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