United States v. Hyman

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The Fourth Circuit granted the Government's motion to dismiss defendant's appeal because his appeal was time-barred. The court rejected defendant's argument that the Government was tardy in filing the motion to dismiss and that delay effectively cures any failure to observe the requirements of the Federal Rules of Appellate Procedure on his part. The court held that the Government's motion to dismiss was timely and thus, the Government's motion to dismiss defendant's untimely appeal should be granted. In this case, defendant did not address the application of Local Rule 27(f) in his briefs and he never identified any prejudice he suffered by virtue of the timing of the Government's motion to dismiss. View "United States v. Hyman" on Justia Law