United States v. Jeff McGrue

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JAN 25 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 20-50339

Plaintiff-Appellee, D.C. No. 2:08-cr-01318-ODW-1

v.

MEMORANDUM*

JEFF MCGRUE,

Defendant-Appellant.

Appeal from the United States District Court for the Central District of California Otis D. Wright, II, District Judge, Presiding

Submitted January 19, 2022**

Before: SILVERMAN, CLIFTON, and HURWITZ, Circuit Judges.

Jeff McGrue appeals pro se from the district court’s orders denying his

motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A)(i) and motion

for reconsideration. We dismiss McGrue’s appeal as untimely.

Giving McGrue the benefit of the mailbox rule, he filed his notice of appeal

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 39 days after the district court’s order denying his motion for…