United States of America v. Kevin Jerome Buckmon

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-4895
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
KEVIN JEROME BUCKMON,
Defendant – Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Aiken. Margaret B. Seymour, District Judge.
(1:07-cr-00678-MBS-1)
Submitted: October 28, 2010 Decided: November 16, 2010
Before WILKINSON, GREGORY, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Beattie B. Ashmore, BEATTIE B. ASHMORE, P.A., Greenville, South
Carolina, for Appellant. John David Rowell, Assistant United
States Attorney, Columbia, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Kevin Jerome Buckmon seeks to appeal his conviction
and sentence. In criminal cases, the defendant must file the
notice of appeal within fourteen days after the entry of
judgment.1
The district court entered judgment on February 11,
2009. The notice of appeal was filed on September 21, 2009.
Fed. R. App. P. 4(b)(1)(A). 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).
2
Because Buckmon 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
1 When the judgment was entered, the period was ten days.
Buckmon’s notice of appeal was untimely under either period.
2 For the purpose of this appeal, we assume that the date
appearing on the notice of appeal is the earliest date it could
have been properly delivered to prison officials for mailing to
the court. Fed. R. App. P. 4(c); Houston v. Lack, 487 U.S. 266
(1988).

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