United States v. Garfield Joseph, Jr.

94 F.3d 653 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Garfield JOSEPH, Jr., Defendant-Appellant. No. 95-30346. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 5, 1996. Decided Aug. 15, 1996. Before: ALARCON, NORRIS, and KLEINFELD, Circuit Judges. ORDER 1 We lack jurisdiction over this appeal because the notice of appeal was not filed within ten days of the final judgment. Fed.R.App.P. 4(b); United States v. Clark, 984 F.2d 319, 320 (9th Cir.1993). The final judgment was filed and docketed October 20, and the statement of reasons subsequently filed was not a judgment. 2 The notice of appeal was filed in the thirty day period during which the district court could have extended the time for filing a notice of appeal. See Fed.R.App.P. 4(b) ("Upon a showing of excusable neglect, the district court may--before or after the time has expired, with or without motion and notice--extend the time for…