United States DC Circuit

Delayed appeal from conviction and resentencing, filed approximately four months after it was due under Rule 4(b), Fed. R. App. P., is dismissed as untimely as the absence of a requirement to file a motion to dismiss prior to filing an appellate brief means that the government did not forfeit its objection that defendant's appeal was untimely by first raising this defense in its initial brief on appeal.

Appellate Information

• Argued 10/10/2006
• Decided 12/19/2006
• Published 12/19/2006

Judges

• Before:  HENDERSON, ROGERS and BROWN, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Thomas J. Saunders, appointed by the court, argued the cause and filed the brief for appellant.


• For Appellees:
  
• Mary Patrice Brown, Assistant U.S. Attorney, argued the cause for appellee.   With her on the brief were Kenneth L. Wainstein, U.S. Attorney at the time the brief was filed, and Roy W. McLeese III, Assistant U.S. Attorney.