Filed: Nov. 24, 2014
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-4223 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. CHAUNCEY HAWKINS, a/k/a Loon, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Fox, Senior District Judge. (5:11-cr-00135-F-1) Submitted: November 20, 2014 Decided: November 24, 2014 Before KING and KEENAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-4223 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. CHAUNCEY HAWKINS, a/k/a Loon, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Fox, Senior District Judge. (5:11-cr-00135-F-1) Submitted: November 20, 2014 Decided: November 24, 2014 Before KING and KEENAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per ..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-4223
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
CHAUNCEY HAWKINS, a/k/a Loon,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. James C. Fox, Senior
District Judge. (5:11-cr-00135-F-1)
Submitted: November 20, 2014 Decided: November 24, 2014
Before KING and KEENAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Neal Gary Rosensweig, NEIL GARY ROSENSWEIG, P.A., Hollywood,
Florida, for Appellant. Jennifer P. May-Parker, Assistant
United States Attorney, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Chauncey Hawkins seeks to appeal his conviction and
the 168-month sentence imposed after he pled guilty to
conspiracy to possess with intent to distribute and to
distribute one kilogram or more of heroin, in violation of 21
U.S.C. § 846 (2012). Hawkins’ counsel has filed a brief
pursuant to Anders v. California,
386 U.S. 738 (1967),
certifying that there are no meritorious grounds for appeal but
questioning the voluntariness of Hawkins’ guilty plea and the
reasonableness of the sentence. Hawkins has filed a pro se
supplemental brief. The Government moves to dismiss the appeal
as untimely, which Hawkins opposes. * We dismiss the appeal.
In criminal cases, the defendant must file the notice
of appeal within fourteen 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
*
In his pro se response to the motion to dismiss, Hawkins
asserts that his trial counsel failed to file a notice of appeal
after being directed to do so and that, as a result, we should
consider his appeal on the merits. We decline to do so.
Hawkins should present his ineffective assistance of counsel
claim, if at all, in a 28 U.S.C. § 2255 (2012) motion filed in
the district court. We express no view on the ultimate
disposition of any such motion.
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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 July 25, 2013.
The notice of appeal was filed on March 10, 2014. Because
Hawkins failed to file a timely notice of appeal or to obtain an
extension of the appeal period, we grant the Government’s motion
to dismiss the appeal.
Accordingly, we dismiss the appeal as untimely. We
deny without prejudice counsel’s motion to withdraw. This court
requires that counsel inform Hawkins, in writing, of the right
to petition the Supreme Court of the United States for further
review. If Hawkins requests that a petition be filed, but
counsel believes that such a petition would be frivolous, then
counsel may move in this court for leave to withdraw from
representation. Counsel’s motion must state that a copy thereof
was served on Hawkins. We dispense with oral argument because
the facts and legal contentions are adequately presented in the
materials before this court and argument would not aid the
decisional process.
DISMISSED
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