Attorney’s heavy workload and involvement in other matters is insufficient basis for permitting out of time appeal
APPEAL United States v. Mitchell, No. 05-2052, ___ F.3d ___ (10th Cir. Sep. 22, 2006)(New Mexico). Appeal of conviction for possession of marijuana with intent to distribute in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B). HELD: District court abused its discretion by granting defendant’s motion for extension of time to file notice of appeal. Attorney’s heavy workload and being immersed in work for another trial in days leading up to deadline for filing notice of appeal does not constitute excusable neglect sufficient to permit filing appeal out of time. Read the opinion here. |
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