US v. Ekere Inyangette, No. 12-7604 (4th Cir. 2012)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-7604 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. EKERE INYANGETTE, Inyangette, a/k/a Michael Thomas, a/k/a Uduak Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Liam O Grady, District Judge. (1:09-cr-00260-LO-1) Submitted: December 18, 2012 Decided: December 28, 2012 Before AGEE, DAVIS, and DIAZ, Circuit Judges. Dismissed by unpublished per curiam opinion. Ekere Inyangette, Appellant Pro Se. Andrew Lamont Creighton, OFFICE OF THE UNITED STATES ATTORNEY, Newport News, Virginia, Dennis Michael Fitzpatrick, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Ekere Inyangette seeks to appeal his conviction and 132-month sentence following his guilty plea to one count of possession with intent to distribute five grams or more cocaine base, in violation of 21 U.S.C. ยง 841(a)(1) (2006). of We dismiss the appeal. In criminal cases, a defendant must file his notice of appeal within fourteen days after the entry of judgment. 1 R. App. P. 4(b)(1)(A)(i). Fed. 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 the criminal judgment on October 26, 2009. September 13, 2012. 2 Inyangette filed his notice of appeal on Because Inyangette failed to file a timely notice of appeal or obtain an extension of the appeal period, we 1 At the time judgment was entered, the appeal period was ten days. Fed. R. App. P. 4(b)(1)(A)(i) (2008). On December 1, 2009, the period was extended to fourteen days. Fed. R. App. P. 4(b)(1)(A)(i) (2009). Inyangette s notice of appeal is untimely under either period. 2 For purposes of this appeal, we assume that the date appearing on the notice of appeal is the earliest date it could have been properly delivered to prison officials for mailing to the district court. Fed. R. App. P. 4(c); Houston v. Lack, 487 U.S. 266, 276 (1988). 2 dismiss the appeal. 3 facts and materials legal before We dispense with oral argument because the contentions are adequately this and argument court presented would not in the aid the decisional process. DISMISSED 3 We note that the appeal period in a criminal case is not a jurisdictional provision, but rather a claim-processing rule. Bowles v. Russell, 551 U.S. 205, 209-14 (2007); United States v. Urutyan, 564 F.3d 679, 685 (4th Cir. 2009). However, because Inyangette s appeal is inordinately late, and its consideration is not in the best interest of judicial economy, we exercise our inherent power to dismiss it. United States v. Mitchell, 518 F.3d 740, 744, 750 (10th Cir. 2008). 3
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