Filed: Nov. 03, 2008
Latest Update: Feb. 12, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-4313 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. BRANDON JAMES PEGUESE, a/k/a Geese, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Greenville. G. Ross Anderson, Jr., District Judge. (6:07-cr-00017-GRA-4) Submitted: October 14, 2008 Decided: November 3, 2008 Before TRAXLER, KING, and DUNCAN, Circuit Judges. Remanded by unpublished per curiam opinion. D. Crai
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-4313 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. BRANDON JAMES PEGUESE, a/k/a Geese, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Greenville. G. Ross Anderson, Jr., District Judge. (6:07-cr-00017-GRA-4) Submitted: October 14, 2008 Decided: November 3, 2008 Before TRAXLER, KING, and DUNCAN, Circuit Judges. Remanded by unpublished per curiam opinion. D. Craig..
More
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-4313
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
BRANDON JAMES PEGUESE, a/k/a Geese,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Greenville. G. Ross Anderson, Jr., District
Judge. (6:07-cr-00017-GRA-4)
Submitted: October 14, 2008 Decided: November 3, 2008
Before TRAXLER, KING, and DUNCAN, Circuit Judges.
Remanded by unpublished per curiam opinion.
D. Craig Brown, Florence, South Carolina, for Appellant. Alan
Lance Crick, Assistant United States Attorney, Greenville, South
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Brandon James Peguese seeks to appeal his conviction,
pursuant to a guilty plea, on one count of conspiracy to possess
with intent to distribute five kilograms or more of cocaine and
the resulting sentence of 121 months. 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). 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 judgment on November 2,
2007. Peguese filed the notice of appeal on March 10, 2008.
Because Peguese is incarcerated, the notice is considered filed
as of the date it was properly delivered to prison officials for
mailing to the court. Fed. R. App. P. 4(c)(1); Houston v. Lack,
487 U.S. 266 (1988). The notice of appeal is dated after the
ten-day period expired but within the thirty-day excusable
neglect period. The record is otherwise ambiguous as to when
Peguese gave the notice of appeal to prison officials for
mailing. Accordingly, we remand the case for the limited
purpose of allowing the district court to obtain this
information from the parties. If the district court determines
that the notice of appeal was given to prison officials during
2
the excusable neglect period, the court should proceed to
determine whether Peguese has shown excusable neglect or good
cause warranting an extension of the ten-day appeal period. The
record, as supplemented, will then be returned to this court for
further consideration.
REMANDED
3