339 F. App'x 309

UNITED STATES of America, Plaintiff-Appellee, v. Brandon James PEGUESE, a/k/a Geese, Defendant-Appellant.

No. 08-4313.

United States Court of Appeals, Fourth Circuit.

Submitted: June 23, 2009.

Decided: July 15, 2009.

*310D. Craig Brown, Florence, South Carolina, for Appellant. Alan Lance Crick, Assistant United States Attorney, Green-ville, South Carolina, for Appellee.

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

PER CURIAM:

Brandon James Pegúese seeks to appeal his conviction, pursuant to a guilty plea, on one count of conspiracy to possess with intent to distribute five kilograms or more of cocaine and the resulting sentence of 121 months. The district court entered judgment on November 2, 2007. Pegúese filed the notice of appeal, dated December 10, 2007, on March 10, 2008. Because Pegúese failed to file a timely notice of appeal1 and it was unclear whether Pe-gúese delivered his notice to prison authorities during the thirty-day excusable neglect period, we remanded the case to the district court for a determination as to whether the notice was given to prison officials during the excusable neglect period, and if so, whether Pegúese had shown excusable neglect or good cause warranting an extension of the time to file a notice of appeal.

Despite an order from the district court directing Pegúese to submit a response with the requested information, Pegúese failed to respond. The court therefore determined that Pegúese filed his notice on December 10, 2007,2 but failed to demonstrate excusable neglect or good cause. See United States v. Peguese, No. 6:07-cr-00017-GRA-4, 2009 WL 614775 (D.S.C. Mar. 6, 2009). The matter is now before this court for final disposition. In light of Peguese’s failure to file a timely notice of appeal and the district court’s reasonable determination that Pegúese failed to demonstrate excusable neglect or good cause for his late appeal, we dismiss the appeal as untimely.

We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before *311the court and argument would not aid the decisional process.

DISMISSED.

United States v. Peguese
339 F. App'x 309

Case Details

Name
United States v. Peguese
Decision Date
Jul 15, 2009
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339 F. App'x 309

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United States

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