CDI Energy Services v. West River Pumps

1The Honorable Linda R. Reade, Chief Judge, United States District Court for
the Northern District of Iowa.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 08-3939
___________
United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* Northern District of Iowa.
Roger Allan Rowley, *
* [UNPUBLISHED]
Appellant. *
___________
Submitted: May 18, 2009
Filed: May 26, 2009
___________
Before RILEY, SMITH, and BENTON, Circuit Judges.
___________
PER CURIAM.
Roger Rowley (Rowley) brings this direct criminal appeal of the sentence the
district court 1 imposed upon revoking his supervised release. Counsel has moved to
withdraw and has filed a brief under Anders v. California, 386 U.S. 738 (1967).
On November 26, 2008, the court revoked Rowley’s supervised release and
sentenced him to 14 months imprisonment and 22 months of supervised release; the
court entered judgment that same day. The notice of appeal, filed on December 12,

-- 1 of 2 --

-2-
2008, was untimely by one day because it was not filed within 10 days of entry of
judgment. See Fed. R. App. P. 4(b)(1)(A)(i). A district court may grant a defendant
an additional 30 days in which to file a notice of appeal upon a showing of excusable
neglect or good cause. See Fed. R. App. P. 4(b)(4).
Counsel’s motion is held in abeyance, and the case is remanded to the district
court to determine whether the time for filing a notice of appeal should be extended
under Rule 4(b)(4). See United States v. Austin, 217 F.3d 595, 598 (8th Cir. 2000);
United States v. Petty, 82 F.3d 809, 810 (8th Cir. 1996) (per curiam). Upon making
that determination, the district court shall return the case to this court for dismissal or
further proceedings, as may be appropriate.
______________________________

-- 2 of 2 --