UNITED STATES of America, Plaintiff-Appellee, v. Darryl James McGLAMRY, Defendant-Appellant, 393 F. App'x 82

Dismissed by unpublished PER CURIAM opinion. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Darryl McGlamry seeks to appeal the district court’s order granting the Government’s Fed.R.Crim.P. 35 motion, and reducing McGlamry’s sentence. In criminal cases decided prior to December 1, 2009, the defendant must file the notice of appeal within ten days after the entry of judgment. Fed. R.App. P. 4(b)(1)(A); see United States v. Little, 392 F.3d 671, 680-81 (4th Cir.2004) (applying Rule 4(b)(1)(

A) appeal period to appeal from Rule 35 ruling). With or without a motion, upon a showing of excusable neglect or good cause, the district court may grant an extension of up to thirty days to file a notice of appeal. Fed. RApp. P. 4(b)(4); United States v. Reyes, 759 F.2d 351, 353 (4th Cir.1985). The district court entered its order on September 14, 2009. The notice of appeal was filed on March 1, 2010. Because McGlamry failed to file a timely notice of appeal or to obtain an extension of the appeal period, we dismiss the appeal. We grant McGlamry’s motion to place the informal brief under seal.

We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED. For the purpose of this appeal, we assume that the date appearing on the notice of appeal is the earliest date it could have been properly delivered to prison officials for mailing to the court. Fed. R.App. P. 4(c); Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988).