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United States v. Clanton, 4th Cir. (2008)
United States v. Clanton, 4th Cir. (2008)
No. 08-6574
Appeal from the United States District Court for the Western
District of Virginia, at Danville.
Jackson L. Kiser, Senior
District Judge. (4:05-cr-00031-JLK)
Submitted:
September 5, 2008
Decided:
October 1, 2008
PER CURIAM:
Jonathan Trewayne Clanton seeks to appeal the district
courts order granting a reduction in his sentence pursuant to 18
U.S.C. 3582(c)(2) (2000).
file the notice of appeal within ten days after the entry of
judgment.
Alvarez, 210 F.3d 309, 310 (5th Cir. 2000) (holding that 3582
proceeding
applies).
is
criminal
in
nature
and
ten-day
appeal
period
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 granting a reduction
in sentence on March 25, 2008.
on April 11, 2008,* after the ten-day period expired but within the
thirty-day excusable neglect period.
was filed within the excusable neglect period, we remand the case
to the district court for the court to determine whether Clanton
has shown excusable neglect or good cause warranting an extension
of the ten-day appeal period.