Medicare&medicaid Gu 38,961 United States of America v. Prairie Pharmacy, Inc.

Prairie Pharmacy, Inc. (Prairie Pharmacy) appeals from the denial of its motion for an extension of time to file a notice of appeal. Prairie Pharmacy contends that the district court abused its discretion in finding that “no valid reason for delay” existed to warrant an extension of time for “excusable neglect” under Rule 4(b) of the Federal Rules of Appellate Procedure. We have jurisdiction over the timely appeal pursuant to 28 U.S.C. § 1291 . We affirm.

FACTUAL AND PROCEDURAL HISTORY

On August 7, 1989, Prairie Pharmacy pleaded guilty to five counts of Medicare fraud in violation of 18 U.S.C. §§ 1001 and 2(b). On October 30, 1989, the district court sentenced Prairie Pharmacy to pay restitution of $229,369 and a fine of $15,-000. The judgment was entered on November 3, 1989. Rule 4(b) of the Federal Rules of Appellate Procedure requires a notice of criminal appeal to be filed within 10 days from the entry of the order. Thus, the last day for filing the notice of appeal was November 13, 1989. The notice of appeal was filed on November 21, 1989.

On December 5, 1989, the Government moved to dismiss Prairie Pharmacy’s appeal on the ground that it was untimely. On December 11,…