Professional Documents
Culture Documents
No. 09-6402
Appeal from the United States District Court for the Western
District of North Carolina, at Statesville.
Richard L.
Voorhees, District Judge. (5:98-cr-00068-RLV-8)
Submitted:
Decided:
September 9, 2009
PER CURIAM:
Harvey Lee Moxley seeks to appeal the district courts
order granting his motion for reduction of sentence under 18
U.S.C. 3582 (2006).
file the notice of appeal within ten days after the entry of
Fed. R. App. P. 4(b)(1)(A); see United States v.
judgment.
Alvarez, 210 F.3d 309, 310 (5th Cir. 2000) (holding that 3582
proceeding
applies).
is
criminal
in
nature
and
ten-day
appeal
period
Fed. R. App.
P. 4(b)(4); United States v. Reyes, 759 F.2d 351, 353 (4th Cir.
1985).
The
district
court
entered
its
order
granting
P.
26(a)(2)
(providing
intermediate
the
The ten-
See Fed. R.
Saturdays,
Sundays,
and legal holidays are excluded when time period is less than
eleven days).
2009.
Moxleys notice of appeal includes a certificate of
service
stating
that
he
placed
the
notice
of
appeal
in
the
prison legal mail system on February 20, 2009, within the tenday appeal period.
with a cover letter dated February 25, 2009, a date outside the
ten-day
appeal
period,
neglect period.
but
within
the
thirty-day
excusable
timely
of
filed
his
notice
appeal
or
filed
it
within
the
period.
The
record,
as
supplemented,
will
then
be