United States Tenth Circuit

An appeal of a denial of defendant's motion to suppress evidence is dismissed for lack of jurisdiction where the district court abused its discretion in granting defendant's motion for an extension of time since defense counsel's justifications for his delay -- a heavy work load and involvement with other matters -- do not constitute excusable neglect as a matter of law for purposes of Federal Rule of Appellate Procedure 4(b)(4).

Appellate Information

• Decided 09/25/2006
• Published 09/25/2006

Judges

• Before LUCERO, EBEL, and MURPHY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Marc H. Robert, Assistant Federal Public Defender, Las Cruces, NM, on the brief for Defendant-Appellant., Larry Gomez, Acting United States Attorney, and Terri J. Abernathy, Assistant United States Attorney, Las Cruces, NM, on the brief for Plaintiff-Appellee.