UNITED STATES v. IZAC (2019)

Charles D. Izac appeals the district court's orders denying his motion for early termination of his supervised release and denying his petition for rehearing in which he sought resentencing. We have reviewed the record and find no reversible error.^* Accordingly, we affirm for the reasons stated by the district court. United States v. Izac, No. 3:02-cr-00058-JPB-MJA-1 (N.D.W. Va. Oct. 19, 2018 & Dec. 3, 2018). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

AFFIRMED

FOOTNOTES

FOOTNOTE.   Izac's appeal is untimely, as it was filed beyond the 14-day appeal period. Fed. R. App. P. 4(b)(1)(A). However, the appeal period in a criminal case is not a jurisdictional provision, but rather a claims-processing rule. United States v. Urutyan, 564 F.3d 679, 685 (4th Cir. 2009). The Government did not file a motion to dismiss on timeliness grounds and we therefore decline to dismiss this portion of the appeal. See United States v. Oliver, 878 F.3d 120, 129 (4th Cir. 2017) (absent Government motion, appeal period in criminal cases generally not enforced).

PER CURIAM:

Affirmed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.