United States of America v. Oran Tyrone Wood

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-7151
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
ORAN TYRONE WOOD,
Defendant – Appellant.
Appeal from the United States District Court for the Western
District of Virginia, at Harrisonburg. Samuel G. Wilson,
District Judge. (5:03-cr-30101-sgw-2)
Submitted: November 19, 2008 Decided: January 13, 2009
Before NIEMEYER, SHEDD, and DUNCAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Oran Tyrone Wood, Appellant Pro Se. Jeb Thomas Terrien,
Assistant United States Attorney, Harrisonburg, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Oran Tyrone Wood seeks to appeal the district court’s
order denying a reduction of sentence under 18 U.S.C. § 3582
(2006). In criminal cases, the defendant must file the notice
of appeal within ten days after the entry of judgment. Fed. R.
App. P. 4(b)(1)(A); see United States v. Alvarez, 210 F.3d 309,
310 (5th Cir. 2000) (holding that § 3582 proceeding is criminal
in nature and ten-day appeal period applies). With or without a
motion, upon a showing of excusable neglect or good cause, the
district court may grant an extension of up to thirty days to
file a notice of appeal. Fed. R. App. P. 4(b)(4); United
States v. Reyes, 759 F.2d 351, 353 (4th Cir. 1985).
The district court entered its order denying a
reduction of sentence on March 14, 2008. The notice of appeal
was filed on June 26, 2008. See Fed. R. App. P. 4(c);
Houston v. Lack, 487 U.S. 266 (1988). Because Wood failed to
file a timely notice of appeal or to obtain an extension of the
appeal period, we dismiss the appeal. 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.
DISMISSED

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