United States of America v. Russell G. Rogers

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-6404
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
RUSSELL G. ROGERS,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Claude M. Hilton, Senior
District Judge. (1:03-cr-00609-CMH-1)
Submitted: January 12, 2010 Decided: February 12, 2010
Before GREGORY, DUNCAN, and DAVIS, Circuit Judges.
Remanded by unpublished per curiam opinion.
Russell G. Rogers, Appellant Pro Se. Dana James Boente,
Assistant United States Attorney, Alexandria, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Russell G. Rogers appeals the district court’s order
of June 16, 2008, granting his motion for reduction of sentence
under 18 U.S.C. § 3582(c)(2) (2006) and reducing his sentence by
one month. On February 27, 2009, Rogers filed a document in the
district court that was construed and docketed as a notice of
appeal of this order. In response to our order to address the
issue of timeliness, the Government has disclosed that its files
contain a Notice of Appeal received by the U.S. Attorney’s
Office on June 25, 2008, with an attached certificate of service
indicating that it was mailed to the relevant district court on
June 22, 2008.
Because it appears that Rogers may have filed a timely
notice of appeal, we remand this matter to the district court so
that it may determine whether any such notice was in fact timely
filed. The record, as supplemented, will then be returned to
this court for further consideration.
REMANDED

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