United States of America v. Fred Hammond, Jr.

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-7198
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
FRED HAMMOND, JR.,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Durham. James A. Beaty, Jr.,
Chief District Judge. (1:92-cr-00172-JAB-1)
Submitted: September 10, 2009 Decided: September 16, 2009
Before KING, DUNCAN, and AGEE, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Fred Hammond, Jr., Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Fred Hammond, Jr. seeks to appeal the district court’s
order denying his motion for reduction of sentence under 18
U.S.C. § 3582(c)(2) (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 the
motion for reduction of sentence on April 3, 2008. The notice
of appeal was filed, at the earliest, on June 16, 2009.
Houston v. Lack, 487 U.S. 266, 276 (1988). Because Hammond
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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