CLICK HERE FOR FULL TEXT
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.



CLICK HERE FOR FULL TEXT
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.