United States v. Michael K. Stirn

981 F.2d 1260 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Michael K. STIRN, Defendant-Appellant. No. 92-30025. United States Court of Appeals, Ninth Circuit. Submitted Dec. 9, 1992. * Decided Dec. 11, 1992. Before WALLACE, Chief Judge, EUGENE A. WRIGHT and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Following a conditional plea of guilty for manufacturing marijuana plants in violation of 21 U.S.C. § 841 (a)(1), Michael K. Stirn appeals the district court's denial of his motion to reconsider the denial of his motion for an extension of time to file a notice of appeal. Stirn filed his original notice four days after the time for filing a notice of appeal had expired. Stirn contends the district court erred because "excusable neglect" justified an extension of time to file his appeal under Federal Rule of Appellate Procedure 4(b). 3 We affirm. Analysis 4 We review for abuse of discretion a district court's determination…