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United States v. Guzman

United States District Court, D. Hawaii

June 20, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
ADOLFO GUZMAN, JR., Defendant.

          ORDER GRANTING DEFENDANT'S MOTION TO FILE NOTICE OF APPEAL OUT OF TIME (ECF NO. 174)

          HELEN GILLMOR UNITED STATES DISTRICT JUDGE.

         Defendant Adolfo Guzman, Jr., proceeding pro se, has filed a “Motion to File Notice of Appeal Out of Time” pursuant to Federal Rule of Appellate Procedure 4(b)(4). The Court finds Defendant has established excusable neglect and is therefore permitted to file a Notice of Appeal out of time.

         Defendant's MOTION TO FILE NOTICE OF APPEAL OUT OF TIME (ECF No. 174) is GRANTED.

         PROCEDURAL HISTORY

         On April 10, 2019, the Court issued an ORDER DENYING DEFENDANT'S MOTION FOR REDUCTION OF SENTENCE PURSUANT TO 18 U.S.C. § 3582(c)(2) & AMENDMENT 782. (ECF No. 173).

         On April 24, 2019, 14-days after April 10, 2019, the Notice of Appeal was due.

         On May 20, 2019, Defendant filed a MOTION TO FILE NOTICE OF APPEAL OUT OF TIME. (ECF No. 174).

         ANALYSIS

         Pursuant to Federal Rule of Appellate Procedure 4(b)(4), the district court may grant an extension of time to file a notice of appeal upon a finding of excusable neglect or good cause.

         Federal Rule of Appellate Procedure 4(b)(4) states:

Upon a finding of excusable neglect or good cause, the district court may-before or after the time has expired, with or without motion and notice-extend the time to file a notice of appeal for a period not to exceed 30 days from the expiration of the time otherwise prescribed by this Rule 4(b).

Fed. R. App. P. 4(b)(4).

         The district court has jurisdiction to consider Defendant Guzman's Motion to File Notice of Appeal Out of Time because his Motion was filed within thirty days after the 14-day deadline to file his appeal. Id.; United ...


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