Wynne

United States v. Wynne

Good Law
59 F. App'x 236
United States Court of Appeals for the Ninth CircuitMarch 20, 2003No. 02-16243; D.C. No. CV-98-02229-LKK, CR-95-0007-LKKCalifornia433 words

Opinion

Lead Opinion

MEMORANDUM **

Taras Leon Wynne appeals the district court’s denial of his motion under 28 U.S.C. § 2255 to vacate his sentence for possession of cocaine base, in violation of 21 U.S.C. § 841 (a)(1), and being a felon in possession of a firearm and ammunition, in violation of 18 U.S.C. § 922 (g)(1). Because his notice of appeal was not timely, we lack jurisdiction over Wynne’s appeal.

The district court filed an order denying Wynne’s motion to vacate on August 6, 1999, but did not serve Wynne with the *237 order. The district court clerk sent a copy of the order to Wynne on March 13, 2001. Wynne filed a motion for relief from judgment on May 31, 2001, more than two and a half months after he was served with the order. The district court vacated the order and reentered it on June 14, 2001, and Wynne filed his notice of appeal on July 12, 2001.

The notice of appeal was late. Federal Rule of Appellate Procedure 4(a)(6) governs the district court’s power to reopen the time to file a notice of appeal. Wynne did not comply with Rule 4(a)(6)(A), which requires that “the motion [be] filed within 180 days after the judgment or order is entered or within 7 days after the moving party…

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