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United States v. Shelton, 4th Cir. (2009)
United States v. Shelton, 4th Cir. (2009)
No. 08-8048
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Rebecca Beach Smith, District
Judge. (2:05-cr-00079-WDK-JEB-1)
Submitted:
Decided:
March 6, 2009
PER CURIAM:
Kevin
Rodney
Shelton
seeks
to
appeal
the
district
file the notice of appeal within ten days after the entry of
Fed. R. App. P. 4(b)(1)(A); see United States v.
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 denying Sheltons
motion for reduction of sentence on July 11, 2008.
of appeal was filed on September 9, 2008. *
failed
to
file
timely
notice
of
appeal
The notice
Because Shelton
or
to
obtain
an
extension
of
dispense
with
the
appeal
oral
period,
argument
we
dismiss
because
the
the
facts
appeal.
and
We
legal
DISMISSED