Harris

MEMORANDUM **

Willie James Harris appeals pro se the district court’s order denying his motion for an extension of time to file an appeal. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

On August 9, 2002, the district court entered an order denying Harris’ motion to modify his term of imprisonment pursuant to 18 U.S.C. § 3582 (c). Due to non *345 delivery of mail, Harris did not learn of the district court’s order until January 23, 2003, whereupon he filed a Notice of Appeal on January 27, 2003, and then filed a motion to reopen time for appeal, pursuant to Federal Rule of Appellate Procedure 4(a)(6), on April 23, 2003.

We first note that the denial of a motion filed pursuant to 18 U.S.C. § 3582 (c) is a criminal matter. See United States v. Ono, 72 F.3d 101, 102-03 (9th Cir.1995). Therefore, an appeal from such a denial is governed by Federal Rule of Appellate Procedure 4(b). Id.

Because Rule 4(b) applies, by the time Harris received notice that the district court had denied his 18 U.S.C. § 3582 (c) motion, the maximum period of 30 days for an extension of time to file an appeal had already expired, and the district court was not empowered to grant any…