United States v. Neff

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SUBMITTED NOVEMBER 9, 2009

Before EVANS and SYKES, Circuit Judges, and DERYEGHIAYAN,District Judge.

Mark L. Neff was convicted of possession of a firearm by a felon in violation of 18 U.S.C. § 922(g)(1) and given an enhanced sentence based on his status as an armed career criminal pursuant to 18 U.S.C. § 924(e)(1). The district court denied a series of motions filed by Neff relating to modification of Neff’s sentence. After the district court denied Neff’s latest motion, Neff filed notice of appeal contesting the district court’s denial of that motion. However, Neff’s notice of appeal was filed after the deadline for filing notice of appeal in a criminal case, promulgated in Federal Rule of Appellate Procedure 4(b). The Government conceded that it failed to properly invoke the time limits of Rule 4(b). For the following reasons, we find that we have jurisdiction to consider Neff’s appeal and we affirm the district court’s denial of Neff’s latest motion relating to sentence modification.

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