Testo completo
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v. No. 02-6442
GERRY LEE MCCOY,
Defendant-Appellant.
Appeal from the United States District Court
for the Eastern District of Virginia, at Norfolk.
Rebecca B. Smith, District Judge.
(CR-93-90-N)
Submitted: July 11, 2002
Decided: August 26, 2002
Before WIDENER and WILKINS, Circuit Judges, and
HAMILTON, Senior Circuit Judge.
Remanded by unpublished per curiam opinion.
COUNSEL
Gerry Lee McCoy, Appellant Pro Se. Fernando Groene, OFFICE OF
THE UNITED STATES ATTORNEY, Norfolk, Virginia, for Appel-
lee.
Unpublished opinions are not binding precedent in this circuit. See
Local Rule 36(c).
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OPINION
PER CURIAM:
The notice of appeal in this case was received in the district court
after expiration of the appeal period. Under Houston v. Lack, 487 U.S.
266 (1988), the notice is considered filed as of the date Appellant
delivered it to prison officials for forwarding to the court. Because
Appellant alleges that he timely delivered his notice of appeal to
prison authorities, we remand the case for the district court to deter-
mine the timeliness of the filing under Houston v. Lack. The record,
as supplemented, will then be returned to this court for further consid-
eration.
REMANDED
2 UNITED STATES v. MCCOY
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