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U.S. v. OLIVER

No. 15-4376.

878 F.3d 120 (2017)

UNITED STATES of America, Plaintiff-Appellee, v. Leonard OLIVER, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: December 20, 2017.

Amended: December 20, 2017.

Attorney(s) appearing for the Case

ARGUED: Kimberly Harvey Albro , OFFICE OF THE FEDERAL PUBLIC DEFENDER, Columbia, South Carolina, for Appellant. John David Rowell , OFFICE OF THE UNITED STATES ATTORNEY, Columbia, South Carolina, for Appellee. ON BRIEF: Beth Drake , United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Columbia, South Carolina, for Appellee.

Dismissed by published opinion. Chief Judge Gregory wrote the opinion, in which Judge Wynn and Judge Diaz joined.

This case addresses our authority to dismiss sua sponte a criminal appeal as untimely under Federal Rule of Appellate Procedure 4(b)(1)(A). Leonard Oliver appealed his criminal conviction years after the Rule 4(b)(1)(A) filing deadline and nearly three months after the district court denied his motion to vacate the conviction...

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