United States of America v. Clifton Farrell Perry

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-4467
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
CLIFTON FARRELL PERRY,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. Thomas D. Schroeder,
District Judge. (1:13-cr-00005-TDS-1)
Submitted: November 20, 2014 Decided: November 24, 2014
Before KING and KEENAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Martin J. Beres, Clinton Township, Michigan, for Appellant. Lisa
Blue Boggs, Assistant United States Attorney, Greensboro, North
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Clifton Farrell Perry pleaded guilty to bank robbery,
in violation of 18 U.S.C. § 2113(a) (2012). The district court
sentenced Perry to 151 months of imprisonment and Perry seeks to
appeal his conviction and sentence. The Government has moved to
dismiss the appeal as untimely.
In criminal cases, the defendant must file the notice
of appeal within fourteen days after the entry of judgment.
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).
The district court entered judgment on September 19,
2013. The notice of appeal was filed on June 6, 2014.* Because
Perry failed to file a timely notice of appeal or to obtain an
extension of the appeal period, we grant the Government’s motion
to dismiss the appeal. We dispense with oral argument because
the facts and legal contentions are adequately presented in the
* For the purpose of this appeal, we consider the date of
filing as the date that Perry delivered his notice to prison
officials for mailing to this court. Fed. R. App. P. 4(c);
Houston v. Lack, 487 U.S. 266 (1988).

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materials before this court and argument would not aid in the
decisional process.
DISMISSED

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