# United States v. Charles Brown

> Court of Appeals for the Fourth Circuit · November 25, 2013 · 546 F. App'x 328

URL: https://www.frixlaw.com/law-library/cases/2643889

## Case

- **Full name:** UNITED STATES of America, Plaintiff-Appellee, v. Charles Emmanuel BROWN, Defendant-Appellant
- **Court:** Court of Appeals for the Fourth Circuit
- **Decided:** November 25, 2013
- **Citations:** 546 F. App'x 328
- **Precedential status:** Unpublished
- **Opinion:** Opinion
- **Judges:** King, Duncan, Diaz
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

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## Opinion text

UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 13-7110

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

CHARLES EMMANUEL BROWN,

Defendant - Appellant.

Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Graham C. Mullen,
Senior District Judge. (3:99-cr-00154-GCM-1)

Submitted: November 21, 2013 Decided: November 25, 2013

Before KING, DUNCAN, and DIAZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Charles Emmanuel Brown, Appellant Pro Se. Amy Elizabeth Ray,
Assistant United States Attorney, Asheville, North Carolina, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:

Charles Emmanuel Brown seeks to appeal his conviction

and sentence. In criminal cases, the defendant must file the

notice of appeal within fourteen days after the entry of

judgment. Fed. R. App. P. 4(b)(1)(A). With or without a

motion, upon a showing of excusable neglect or good cause, the

district court may grant an extension of up to thirty days to

file a notice of appeal. Fed. R. App. P. 4(b)(4); United

States v. Reyes, 759 F.2d 351, 353 (4th Cir. 1985).

The district court entered judgment on January 20,

2001. The notice of appeal was filed on July 11, 2013. Because

Brown failed to file a timely notice of appeal or to obtain an

extension of the appeal period, we dismiss the appeal as

untimely. * We dispense with oral argument because the facts and

legal contentions are adequately presented in the materials

before this court and argument would not aid the decisional

process.

DISMISSED

*
We note that the appeal period in a criminal case is not a
jurisdictional provision, but, rather, a claims-processing rule.
Bowles v. Russell, 551 U.S. 205, 209-14 (2007); Rice v. Rivera,
617 F.3d 802, 810 (4th Cir. 2010); United States v. Urutyan,
564 F.3d 679, 685 (4th Cir. 2009). Because Brown’s appeal is
inordinately late, and its consideration is not in the best
interest of judicial economy, we exercise our inherent power to
dismiss it. United States v. Mitchell, 518 F.3d 740, 744, 750
(10th Cir. 2008).

2

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/2643889. Public record. Not legal advice.