United States of America v. Michael J. Thompson

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-6092
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
MICHAEL J. THOMPSON,
Defendant – Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. T. S. Ellis, III, Senior
District Judge. (1:05-cr-00480-TSE-1)
Submitted: December 14, 2009 Decided: December 29, 2009
Before NIEMEYER and MICHAEL, Circuit Judges, and HAMILTON,
Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
Michael J. Thompson, Appellant Pro Se. Christina Lundberg
Medzius, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria,
Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Michael J. Thompson challenges the district court’s
order granting the Government’s Fed. R. Crim. P. 35(b) motion.*
We have reviewed the record and find no reversible error.
Accordingly, we deny the Government’s motion to dismiss
Thompson’s appeal and affirm the district court’s order. United
States v. Thompson, No. 1:05-cr-00480-TSE-1 (E.D. Va. filed Dec.
5, 2008; entered Dec. 8, 2008). 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.
AFFIRMED
* Thompson did not appeal the district court’s order within
the requisite ten-day appeal period and the Government moved to
dismiss the appeal. Because Thompson asserted that he did not
receive notice of the district court’s order until after his
time to appeal expired, and because Thompson filed his notice of
appeal within the thirty-day excusable neglect period, this
court remanded the matter to the district court for an excusable
neglect determination. On remand, the district court determined
that Thompson established excusable neglect for his untimely
filing, and the matter has been returned for this court’s
consideration.

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