Unreported / Non-Citable
Background
Olamide Olatayo Bello was convicted by jury in the U.S. District Court for the Eastern District of Texas of conspiracy to commit wire fraud in violation of 18 U.S.C. § 1349 and § 1343, and conspiracy to commit money laundering in violation of 18 U.S.C. § 1956(h) and § 1957. The district court sentenced him to 293 months of imprisonment and three years of supervised release, and ordered restitution but deferred the amount determination for 90 days.
Bello’s initial appeal from the conviction was dismissed for failure to prosecute. The district court subsequently issued an amended judgment on October 28, 2025, imposing $3,567,903 in restitution. Bello filed his Notice of Appeal on November 26, 2025—29 days after the amended judgment entered. Federal Rule of Appellate Procedure 4(b)(1)(A)(i) requires a defendant’s notice of appeal to be filed within 14 days after entry of the judgment or order being appealed.
The Court’s Holding
The Fifth Circuit dismissed Bello’s appeal from the amended judgment as untimely because it was filed 29 days after entry—15 days beyond the 14-day deadline. Bello had moved the district court to accept his late-filed notice of appeal, but the court summarily denied the request without making any findings regarding whether “excusable neglect or good cause” existed to justify an extension.
The court noted that Federal Rule of Appellate Procedure 4(b)(4) permits district courts to extend the filing deadline for up to 30 days beyond expiration if the court finds excusable neglect or good cause. The Fifth Circuit has previously held that district courts must articulate whether these standards are satisfied when a defendant seeks to file a late notice of appeal. Because the district court failed to make required findings, the Fifth Circuit remanded the case for the district court to determine whether excusable neglect or good cause justified extending Bello’s filing deadline.
The panel dismissed the appeal from the amended judgment and denied all pending motions as moot, but retained jurisdiction to address the remanded issue regarding whether the filing deadline should be extended.
Key Takeaways
- Appellate filing deadlines in criminal cases are mandatory: notices of appeal must be filed within 14 days of judgment entry unless the deadline is extended.
- District courts have discretion to extend filing deadlines upon a showing of “excusable neglect or good cause,” but must articulate their reasoning on the record.
- Summary denial of a motion to accept a late notice of appeal without findings violates the required standard, warranting remand for proper consideration.
- Procedural compliance in appellate practice is critical; courts will not excuse late filings without explicit factual findings supporting an extension.
Why It Matters
This decision reinforces the Fifth Circuit’s insistence on the procedural rigor required in appellate practice. Although Bello’s appeal from the amended judgment was dismissed as untimely, the court emphasized that district courts cannot simply reject late notices of appeal without considering whether the circumstances justify relief under applicable rules. The remand ensures that Bello receives a full, reasoned determination of whether his delay was excusable.
For practitioners, this case underscores the importance of timely filing notices of appeal and, should a delay occur, promptly moving for extension with supporting facts. District courts must document their analysis of excusable neglect or good cause to withstand appellate scrutiny, even where the motion ultimately may be denied on the merits.