United States of America v. Francis David Sherman

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-7483
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
FRANCIS DAVID SHERMAN,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of Virginia, at Abingdon. James P. Jones, District
Judge. (1:10-cr-00039-JPJ-RSB-1; 1:13-cv-80587-JPJ-RSB)
Submitted: November 19, 2015 Decided: November 24, 2015
Before NIEMEYER, KING, and HARRIS, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Francis David Sherman, Appellant Pro Se. Zachary T. Lee,
Assistant United States Attorney, Abingdon, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Francis David Sherman appeals the district court’s order
denying his motion to reopen the period to note an appeal from
the district court’s order denying relief on his 28 U.S.C.
§ 2255 (2012) motion. Sherman’s motion asserted that he did not
receive a copy of the district court’s order denying his 28
U.S.C. § 2255 motion. Because Sherman filed his motion to
reopen the period to note an appeal more than 180 days after the
district court’s order denying his § 2255 motion, the district
court lacked authority to reopen the appeal period. See Fed. R.
Civ. P. 77(d)(2); Fed. R. App. P. 4(a)(6).
Accordingly, we affirm the district court’s order. We
dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before
this court and argument would not aid the decisional process.
AFFIRMED

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