UNITED STATES v. KING (2021)

ORDER AND JUDGMENT *

Eric King is detained pending trial on a criminal charge. He filed a motion with the district court seeking a hearing and amendment of his detention order. The district court denied the motion in April 2020. King then had fourteen days to appeal the detention order. See Fed. R. App. P. 4(b)(1)(A)(i). That deadline came and went without him filing a notice of appeal. Several weeks later, he unsuccessfully filed a motion asking the district court to reconsider its detention order. Then he filed a notice of appeal, declaring his intent to appeal the reconsideration order. His memorandum brief, however, challenges only the April 2020 detention order. His appeal of that order is untimely. See id.

Because Rule 4(b)(1)(A) is a claim-processing rule, King's failure to file a timely notice of appeal does not affect our jurisdiction. See United States v. Garduño, 506 F.3d 1287, 1290–91 (10th Cir. 2007). Although Rule 4(b)(1)(A) is not jurisdictional, it is inflexible, assuring relief to a party who properly raises it. Garduño, 506 F.3d at 1291. The government properly invoked the rule, so we must dismiss this appeal as untimely. See id. at 1292.

The appeal is dismissed.

Per Curiam