Background
Andrew Wright, proceeding pro se, filed a construed notice of appeal on September fourteenth, two thousand and twenty-three. This filing occurred more than fourteen years after the last docket entry in the underlying criminal case, which concluded with a final judgment on August twenty-third, two thousand and six.
The court’s reasoning
The court determined that the notice of appeal evinced an intent to appeal the district court’s final judgment. However, the deadline to appeal that judgment was September sixth, two thousand and six. Because the notice was filed on September fourteenth, two thousand and twenty-three, it was untimely under Federal Rule of Appellate Procedure four point B one point A. The court noted that it must apply these time limits because the government objected to the timeliness. Furthermore, Wright was not eligible for relief under Rule four point B four because he filed more than thirty days after the expiration of the fourteen-day appeal period.
What it means going forward
The dismissal prevents appellate review of the underlying criminal conviction due to the failure to file a timely notice of appeal.