U.S. v. SPRAGANS

Case No. 16-cr-00292-01 YGR.

UNITED STATES OF AMERICA, Plaintiff-Appellee, v. SHAWAN SPRAGANS, Defendant-Appellant.

United States District Court, N.D. California.


Attorney(s) appearing for the Case

Kristoffer Jones, Defendant, represented by Jeffrey L. Bornstein , Rosen Bien Galvan Grunfeld LLP & Jessica L. Winter , Rosen Bien Galvan Grunfeld LLP.

USA, Plaintiff, represented by William James Gullotta , United States Attorney's Office & Stephanie M. Hinds , Assistant United States Attorney.


ORDER DIRECTING APPELLANT TO FILE MOTION FOR EXTENSION OF TIME TO FILE NOTICE OF APPEAL

YVONNE GONZALEZ ROGERS, District Judge.

On May 25, 2017, appellant filed a notice of appeal from this Court's judgment entered on May 3, 2017. (Dkt.

Because the notice of appeal was filed more than 14 days after entry of judgment, it was not timely under Federal Rule of Appellate Procedure 4(b)(1)(A). The notice of appeal was, however, filed within 30 days after the expiration of the time to file the notice of appeal. See Fed. R. App. P. 4(b)(4).

Accordingly, the Ninth Circuit remanded to this Court for the limited purpose of permitting this Court to provide appellant notice and an opportunity to request that the time for filing the notice of appeal be extended, and to determine whether excusable neglect or good cause exists to extend such deadline for a period not to exceed 30 days from the expiration of the time prescribed by Rule 4(b). See Fed. R. App. P. 4(b)(4); United States v. Ono, 72 F.3d 101, 103 (9th Cir. 1995); United States v. Stolarz, 547 F.2d 108 (9th Cir. 1976).

Appellant is therefore DIRECTED, through his counsel of record, to file and serve on the government any motion for extension of time to file notice of appeal, consistent with FRAP 4(b)(4), no later than June 20, 2017. The Government shall respond within seven days thereafter.


Comment

1000 Characters Remaining

Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions.

User Comments

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases