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U.S. v. SADLER

No. 06-10234.

480 F.3d 932 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Philip Martin SADLER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 1, 2007.

Attorney(s) appearing for the Case

Harriette P. Levitt, Tucson, AZ, for the appellant.

Celeste Corlett, Assistant United States Attorney, Tucson, AZ, for the appellee.

Before: BRIGHT, D.W. NELSON, and BERZON, Circuit Judges.

BERZON, Circuit Judge:

The question we address concerns the application of two recent Supreme Court cases, Eberhart v. United States, 546 U.S. 12, 126 S.Ct. 403, 163 L.Ed.2d 14 (2005) (per curiam), and Kontrick v. Ryan, 540 U.S. 443, 124 S.Ct. 906, 157 L.Ed.2d 867 (2004), to Federal Rule of Appellate Procedure ("FRAP") 4(b). We have long assumed that FRAP 4 is, in general, "mandatory and...

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