Scribd Logo
Upload

Welcome to Scribd!

  • United States v. Joel A. Lucas, 103 F.3d 121, 4th Cir. (1996)

    Uploaded by

    Scribd Government Docs
    5 views2 pages
    This document is a court ruling dismissing an appeal because the appellant filed the notice of appeal outside of the mandatory 10-day period established by Federal Rule of Appellate Procedure 4(b). The district court entered judgment on September 1, 1995, but the appellant did not file the notice of appeal until September 12, 1995. Because the appellant also failed to obtain an extension of the appeal period within the additional 30 days allowed, the Fourth Circuit found it did not have jurisdiction to consider the case and dismissed the appeal.

    Original Description:

    Filed: 1996-11-19 Precedential Status: Non-Precedential Citations: 103 F.3d 121 Docket: 95-5719

    Copyright

    © Public Domain

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    This document is a court ruling dismissing an appeal because the appellant filed the notice of appeal outside of the mandatory 10-day period established by Federal Rule of Appellate Procedure 4(b). The district court entered judgment on September 1, 1995, but the appellant did not file the notice of appeal until September 12, 1995. Because the appellant also failed to obtain an extension of the appeal period within the additional 30 days allowed, the Fourth Circuit found it did not have jurisdiction to consider the case and dismissed the appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    5 views2 pages

    United States v. Joel A. Lucas, 103 F.3d 121, 4th Cir. (1996)

    Uploaded by

    Scribd Government Docs
    This document is a court ruling dismissing an appeal because the appellant filed the notice of appeal outside of the mandatory 10-day period established by Federal Rule of Appellate Procedure 4(b). The district court entered judgment on September 1, 1995, but the appellant did not file the notice of appeal until September 12, 1995. Because the appellant also failed to obtain an extension of the appeal period within the additional 30 days allowed, the Fourth Circuit found it did not have jurisdiction to consider the case and dismissed the appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    of 2

    103 F.

    3d 121

    NOTICE: Fourth Circuit Local Rule 36(c) states that citation


    of unpublished dispositions is disfavored except for establishing
    res judicata, estoppel, or the law of the case and requires
    service of copies of cited unpublished dispositions of the Fourth
    Circuit.
    UNITED STATES of America, Plaintiff-Appellee,
    v.
    Joel A. LUCAS, Defendant-Appellant.
    No. 95-5719.

    United States Court of Appeals, Fourth Circuit.


    Submitted Nov. 7, 1996.
    Decided Nov. 19, 1996.

    Mark E. Hall, Columbia, South Carolina, for Appellant.


    J. Rene Josey, United States Attorney, Dean A. Eichelberger, Assistant
    United States Attorney, Columbia, South Carolina, for Appellee.
    D.S.C.
    DISMISSED.
    Before RUSSELL and WIDENER, Circuit Judges, and PHILLIPS, Senior
    Circuit Judge.
    PER CURIAM:

    Appellant noted this appeal outside the ten-day appeal period established by
    Fed. R.App. P. 4(b) and failed to obtain an extension of the appeal period
    within the additional thirty-day period provided by Rule 4(b). The time period
    established by Rule 4(b) is mandatory and jurisdictional. United States v.
    Raynor, 939 F.2d 191, 197 (4th Cir.1991). The district court entered its
    judgment on September 1, 1995; Appellant's notice of appeal was filed on
    September 12, 1995. Appellant's failure to note a timely appeal or obtain an

    extension of the appeal period deprives this court of jurisdiction to consider this
    case. We therefore 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

    You might also like