US v. Donald Hunker

UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 25-4473

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

DONALD EDWARD HUNKER,

Defendant - Appellant.

Appeal from the United States District Court for the Northern District of West Virginia, at
Clarksburg. Thomas S. Kleeh, Chief District Judge. (1:21-cr-00060-TSK-MJA-1)

Submitted: July 16, 2026 Decided: July 20, 2026

Before WILKINSON, RICHARDSON, and QUATTLEBAUM, Circuit Judges.

Dismissed by unpublished per curiam opinion.

ON BRIEF: Scott C. Brown, SCOTT C. BROWN LAW OFFICE, Wheeling, West
Virginia, for Appellant. Andrew R. Cogar, Assistant United States Attorney, OFFICE OF
THE UNITED STATES ATTORNEY, Clarksburg, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
In March 2022, Donald Edward Hunker pled guilty to failure to update a sex
offender registration, in violation of 18 U.S.C. § 2250(a). The district court sentenced
Hunker to 41 months’ imprisonment and 25 years’ supervised release. Proceeding pro se,
Hunker noted an appeal from the criminal judgment. Hunker’s counsel has filed a brief
pursuant to Anders v. California, 386 U.S. 738 (1967), conceding that there are no
meritorious issues for appeal. Although informed of his right to do so, Hunker has not filed
a pro se supplemental brief. The Government has moved to dismiss the appeal as untimely.
In criminal cases, the defendant must file the notice of appeal within 14 days after
the entry of judgment. Fed. R. App. P. 4(b)(1)(A)(i). With or without a motion, upon a
showing of excusable neglect or good cause, the district court may grant an extension of
up to 30 days to file a notice of appeal. Fed. R. App. P. 4(b)(4). Although the appeal
period in a criminal case is not a jurisdictional provision, but, rather, a claim-processing
rule, United States v. Urutyan, 564 F.3d 679, 685 (4th Cir. 2009), “[w]hen the Government
promptly invokes the rule in response to a late-filed criminal appeal, we must dismiss,”
United States v. Oliver, 878 F.3d 120, 123 (4th Cir. 2017).
The district court entered the criminal judgment on the docket on December 1, 2022,
and the appeal period expired on December 15, 2022. Hunker filed the notice of appeal on
September 2, 2025. Because Hunker failed to file a timely notice of appeal or to obtain an
extension of the appeal period and the Government has promptly invoked the appeal’s
untimeliness, see 4th Cir. R. 27(f)(2), we grant the Government’s motion and dismiss this
appeal as untimely.

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This court requires that counsel inform Hunker, in writing, of the right to petition
the Supreme Court of the United States for further review. If Hunker requests that a
petition be filed, but counsel believes that such a petition would be frivolous, then counsel
may move in this court for leave to withdraw from representation. Counsel’s motion must
state that a copy thereof was served on Hunker.
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.
DISMISSED