United States v. Paul Masuru Ono
Opinion
Opinion
ORDER
Federal prisoner Paul Masuru Ono appeals pro se the district court’s denial of his motion under 18 U.S.C. § 3582 (c)(2) to modify his term of imprisonment. The government contends that we lack jurisdiction over this appeal because the notice of appeal was filed more than ten days after the order was entered by the district court. See Fed. RApp.P. 4(b).
In order to determine if an appeal is a “criminal case” under Fed.R.App.P. 4(b), we consider the nature of the proceedings and of the order appealed from. If a proceeding is “ ‘a step in the criminal case,’ ” then Rule 4(b) applies, unless the proceeding arises from a statute providing its own procedures and time limits. See Yasui v. United States, 772 F.2d 1496, 1499 (9th Cir.1985) (quoting United States v. Morgan, 346 U.S. 502 , 505 n. 4, 74 S.Ct. 247 , 250 n. 4, 98 L.Ed. 248 (1954)). If, however, the order appealed from is civil in nature, the civil notice of appeal provision set out in Rule 4(a) will apply, even if the order arises from a criminal proceeding. See United States v. Yacoubian, 24 F.3d 1, 4-5 (9th Cir.1994) (appeal from order enforcing judicial recommendation against deportation issued in criminal case…