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IN RE: LATASHA TENNIAL,
Debtor.
___________________________________________
LATASHA TENNIAL,
Appellant,
v.
REI NATION, LLC,
Appellee. |
No. 20-5358 |
Appeal from the United States District Court for the Western District of Tennessee at Memphis;
2:19-cv-02688—John Thomas Fowlkes, Jr., District Judge.
United States Bankruptcy Court for the Western District of Tennessee at Memphis;
Nos. 2:18-bk-28470—Jennie D. Latta, Judge.
Decided and Filed: October 28, 2020
Before: SUTTON, COOK, and WHITE, Circuit Judges.
_________________________
OPINION
_________________________
SUTTON, Circuit Judge. LaTasha Tennial appealed a ruling in her bankruptcy case after
the deadline for doing so had passed. The district court dismissed the appeal for lack of subject
matter jurisdiction. The deadline does not create a limitation on our subject matter jurisdiction.
But we agree that Tennial missed the deadline and that the deadline is mandatory. We therefore
affirm the dismissal on this independent ground. |
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
ARTHUR DUANE PAYTON,
Defendant-Appellant. |
No. 20-1811 |
On Motion to Dismiss
United States District Court for the Eastern District of Michigan at Detroit.
No. 2:12-cr-20043-1—Denise Page Hood, Chief District Judge.
Decided and Filed: October 28, 2020
Before: SILER, MOORE, and BUSH, Circuit Judges.
_________________________
ORDER
_________________________
On July 24, 2020, the district court entered an order denying Arthur Duane Payton’s
motion for compassionate release or a reduction of his sentence under 18 U.S.C.
§ 3582(c)(1)(A). A notice of appeal from the July 24 order, dated August 9, 2020, was filed in
the district court on August 10, 2020. The government has filed a motion to dismiss the appeal
as untimely.
A defendant’s notice of appeal in a criminal case must be filed in the district court no
later than fourteen days after the challenged judgment or order is entered. Fed. R. App. P.
4(b)(1)(A). A § 3582(c) motion is considered to be a continuation of the criminal proceedings
and, accordingly, the fourteen-day period for filing a notice of appeal applies. See United States
v. Brown, 817 F.3d 486, 488 (6th Cir. 2016).
Unlike in a civil case, the deadline in Rule 4(b)(1)(A) for a defendant to file a notice of
appeal is not jurisdictional. See Brown, 817 F.3d at 489; United States v. Gaytan-Garza,
652 F.3d 680, 681 (6th Cir. 2011) (per curiam). Rather, the filing deadline is a claims-processing rule, and the government can waive an objection to an untimely notice of appeal in a
criminal case. See Brown, 817 F.3d at 489; Gaytan-Garza, 652 F.3d at 681. But if the
government raises the issue of timeliness, we must enforce the time limits of Rule 4(b). Brown,
817 F.3d at 489; Gaytan-Garza, 652 F.3d at 681. The government has properly raised the
timeliness issue by filing a motion to dismiss. |
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