Unreported / Non-Citable
Background
Carlos Wallace pleaded guilty to possessing with intent to distribute 50 grams or more of methamphetamine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A). The U.S. District Court for the Southern District of Mississippi sentenced him to 210 months in prison.
Wallace appealed his conviction and sentence. The government moved to dismiss the appeal as untimely or, alternatively, to enforce the appeal waiver in Wallace’s plea agreement and obtain summary affirmance. Wallace did not respond to the motion or otherwise address whether his appeal was timely.
The Court’s Holding
The Fifth Circuit dismissed the appeal because Wallace did not file his notice of appeal within the time allowed by Federal Rule of Appellate Procedure 4(b). Although an untimely notice does not deprive an appellate court of jurisdiction over a criminal appeal, Rule 4(b)’s deadlines are mandatory claim-processing rules.
Because the government properly invoked the rule and sought its enforcement, the court concluded that dismissal was mandatory. It granted the government’s motion to dismiss and denied as moot the alternative motion to enforce Wallace’s appeal waiver and for summary affirmance.
Key Takeaways
- A late notice of appeal in a criminal case does not eliminate appellate jurisdiction, but Rule 4(b)’s deadline remains a mandatory claim-processing rule.
- When the government timely invokes Rule 4(b) and requests enforcement, the appellate court must dismiss an untimely criminal appeal.
- Because timeliness independently required dismissal, the Fifth Circuit did not decide whether Wallace’s plea-agreement appeal waiver barred the appeal.
Why It Matters
The decision underscores the practical importance of meeting Rule 4(b)’s filing deadline. A criminal appellant cannot rely on the deadline’s nonjurisdictional status when the government properly objects to an untimely notice of appeal.
It also illustrates that courts may resolve an appeal on timeliness grounds without addressing an alternative request to enforce a plea-agreement appeal waiver.