U.S. v. MADRID

No. 09-2262.

633 F.3d 1222 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Eric M. MADRID, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 10, 2011.


Attorney(s) appearing for the Case

Joel M. Carson III , Roswell, NM, for Defendant-Appellant.*

Gregory Fouratt , Assistant United States Attorney, ( Kenneth J. Gonzales , United States Attorney, and Laura Fashing , Assistant United States Attorney, on the brief), Albuquerque, NM, for Plaintiff-Appellee.

Before KELLY, BALDOCK, and HARTZ, Circuit Judges.


HARTZ, Circuit Judge.

This appeal requires us to determine whether the government properly challenged the district court's order granting an extension of time to file a notice of appeal and, if so, whether the grant was proper. We hold that the government's motion to dismiss the appeal as untimely was a proper vehicle to challenge the extension order, the government did not forfeit its right to challenge the order by failing to move the district court to reconsider...

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