Opinion
CASE NO. 1:12-CR-119(4)
06-17-2014
UNITED STATES OF AMERICA v. VICKI STARK-FITTS
MEMORANDUM AND ORDER
Pending before the court is Defendant Vicki Stark-Fitts's Motion for Out of Time Appeal (#514), wherein she requests additional time to appeal her conviction and sentence. On August 22, 2013, Stark-Fitts pleaded guilty to Count One of the Information which charged her with a violation of 18 U.S.C. § 1962(c). She was sentenced on March 5, 2014, to 378 months' imprisonment followed by 5 years of supervised release. The court's judgment was entered on March 6, 2014.
As a result, the 14-day period for filing a notice of appeal expired on March 20, 2014. See FED. R. APP. P. 4(b)(1)(A)(i) (requiring that a defendant in a criminal case file a notice of appeal within 14 days after the entry of the judgment being appealed); United States v. Leijano-Cruz, 473 F.3d 571, 572 (5th Cir. 2006). Additionally, the 30-day period for extending the time to file a notice of appeal under Rule 4(b)(4) expired on April 21, 2014. See FED. R. APP. P. 4(b)(4) (stating that "[u]pon a finding of excusable neglect or good cause, the district court may—before or after the time has expired, with or without motion and notice—extend the time to file a notice of appeal for a period not to exceed 30 days from the expiration of the time otherwise prescribed by this Rule 4(b)"); Leijano-Cruz, 473 F.3d at 572.
Stark-Fitts deposited her motion in the postal box provided for inmates on June 10, 2014, 96 days after judgment was entered in her case. Assuming arguendo that excusable neglect or good cause exists for Stark-Fitts's failure to appeal within 14 days, the court is unable to grant her request, as her motion was filed more than a month past the deadline imposed by Rule 4(b)(4). See FED. R. APP. P. 4(b)(4); United States v. Willis, 431 F. App'x 364, 365 (5th Cir. 2011) (affirming district court's denial of motion to extend time when defendant's motion was filed outside the 30-day window); United States v. Cantwell, 470 F.3d 1087, 1088 (5th Cir. 2006); see also United States v. Cabrera-Hernandez, No. 13-40078, 2014 WL 969804, at *1 (5th Cir. Mar. 13, 2014) (upholding the district court's denial of a motion to extend appeal time where the defendant's motion "was filed beyond the 30-day time limit for extending the appeal period under FED. R. APP. P. 4(b)(4)"). Accordingly, Stark-Fitts's motion is DENIED.
SIGNED at Sherman, Texas, this 17th day of June, 2014.
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MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE