# United States v. Rachel Lee Padgett

> Court of Appeals for the Eleventh Circuit · March 6, 2019 · 917 F.3d 1312

URL: https://www.frixlaw.com/law-library/cases/9888107

## Case

- **Full name:** UNITED STATES of America, Plaintiff - Appellee, v. Rachel Lee PADGETT, A.K.A. Rachel Tobak, A.K.A. Rachel Rae, Defendant - Appellant.
- **Court:** Court of Appeals for the Eleventh Circuit
- **Decided:** March 6, 2019
- **Citations:** 917 F.3d 1312
- **Precedential status:** Published
- **Opinion:** Dissent by Wilson
- **Judges:** Wilson, Branch, Vinson
- **Nature of suit:** NEW
- **Cited by:** 122 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9888107

## Opinion text

WILSON, Circuit Judge, dissenting:
The jurisdictional requirements of Rule 3(c)(1) are liberally construed. Smith v. Barry , 502 U.S. 244 , 248, 112 S.Ct. 678 , 681, 116 L.Ed.2d 678 (1992). "An appeal must not be dismissed for informality of form or title of the notice of appeal, or for failure to name a party whose intent to appeal is otherwise clear from the notice." Fed. R. App. P. 3(c)(4). I would construe Padgett's pro se filing as a notice of appeal allowing us to exercise jurisdiction. It was properly filed in the district court, with the correct district court docket number. The district court construed the filing as a notice of appeal and transmitted the notice to this Court. It was filed within the 14-day period specified in Rule 4(b)(1).
Moreover, we have said that we will construe a document as a notice of appeal where it is the "functional equivalent" of what Rule 3(c)(1) requires and makes clear the party's intent to seek appellate review. Rinaldo v. Corbett , 256 F.3d 1276 , 1278-79 (11th Cir. 2001) (construing a motion for an extension of time to file appeal as a notice of appeal where intent was clear). 1
Padgett has at least one arguable meritorious claim, including whether the government breached her plea agreement by objecting to a sentence reduction for acceptance of responsibility.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9888107. Public record. Not legal advice.