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- ilnd;;1:08-cr-00108_de166 RegisterActionDate "2013-05-13" @default.
- ilnd;;1:08-cr-00108_de166 RegisterActionDescriptionText "ORDER of USCA (certified copy) as to B7ADF1F regarding notice of appeal 149 : On consideration of the Jurisdictional Memorandum filed by appellant on March 18, 2013, and the Jurisdictional Memorandum filed by appellee on March 27, 2013, IT IS ORDERED that this appeal is REMANDED to the district court for the limited purpose of determining whether to extend the time to appeal pursuant to Fed. R. App. P. 4(b)(4). Rule 4(b) of the Federal Rules of Appellate Procedure requires that a notice of appeal in a criminal case be filed in the district court within 14 days of the entry of the judgment or order appealed. In this case the order denying defendant's motion for new trial was entered on January 23, 2013, and the notice of appeal was filed on February 26, 2013, nearly three weeks late. The notice of appeal, however, explains why the notice of appeal was not timely filed the defendant did not receive the district court's order until February 19, 2013, because he had been transferred to a different prison. We conclude that the notice of appeal also should be treated as a request to extend the time to appeal under Fed. R. App. P. 4(b)(4). IT IS FURTHER ORDERED that appellee file, on or before May 28, 2013, a Status Report detailing what proceedings have taken place in the district court pursuant to this limited remand. (yap, ) (Entered: 05/14/2013)" @default.
- ilnd;;1:08-cr-00108_de166 AdministrativeID "156" @default.
- ilnd;;1:08-cr-00108_de166 hasReferenceToOtherEntry ilnd;;1:08-cr-00108_de159 @default.