United States of America v. Orlando Wallace

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-7101
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ORLANDO WALLACE,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. James R. Spencer, Chief
District Judge. (3:06-cr-00307-JRS-1)
Submitted: January 13, 2009 Decided: January 15, 2009
Before WILLIAMS, Chief Judge, and TRAXLER and KING, Circuit
Judges.
Dismissed by unpublished per curiam opinion.
Orlando Wallace, Appellant Pro Se. Peter Sinclair Duffey,
Assistant United States Attorney, Richmond, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Orlando Wallace seeks to appeal the district court’s
sealed order. 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. Little, 392
F.3d 671, 680-81 (4th Cir. 2004) (applying ten-day appeal period
to appeal from Rule 35 ruling). 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 on February 29,
2008. The notice of appeal was filed on June 6, 2008.* Because
Wallace 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
* 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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