United States v. Townsend

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Defendant appealed his sentence after pleading guilty to possessing a firearm as a felon. Defendant's deadline for filing a notice of appeal was July 22, 2013. On July 17, he filed a motion to reconsider his sentence. By statute a motion for sentence modification must be brought under Rule 35 of the Federal Rules of Criminal Procedure, and motions under that rule do not extend the time for filing an appeal. The district court denied reconsideration on July 19 and defendant filed his notice of appeal on July 30. Because defendant's notice was eight days late, the court dismissed the appeal as untimely. View "United States v. Townsend" on Justia Law