UNITED STATES v. CLARK AKA AKA (2018)

SUMMARY ORDER

Kerry Clark, pro se and incarcerated, appeals from the district court's orders denying his motion to reduce his sentence under 18 U.S.C. § 3582(c)(2) and for reconsideration of that decision. The Government argues that the appeal is untimely. We assume the parties’ familiarity with the underlying facts, the procedural history of the case, and the issues on appeal.

We agree with the Government and dismiss Clark's appeal as untimely. A notice of appeal in a criminal case must be filed within 14 days of the entry of the judgment or order being appealed. Fed. R. App. P. 4(b)(1)(A); see also United States v. Arrango, 291 F.3d 170, 171 (2d Cir. 2002) (applying time to appeal in a criminal case to § 3582 proceedings). Although Rule 4(b) is not jurisdictional, when “the government properly objects to the untimeliness of a defendant's criminal appeal, [it] is mandatory and inflexible.” United States v. Frias, 521 F.3d 229, 234 (2d Cir. 2008). Here, Clark's November 2016 notice of appeal is untimely filed from both the district court's underlying June 2016 denial of his § 3582(c)(2) motion and its July 2016 denial of reconsideration. Because the Government objects, we must dismiss the appeal as untimely.

Accordingly, we DISMISS the appeal as untimely filed.