Not much to report today, just one summary order, which reminds us of the importance of due dates! In United States v. Russow, 15-1768, the district court extended the defendant’s time to file an appeal. When the defendant failed to file by that date and the government objected, the 2nd Circuit precluded an appeal. The court noted that in their ruling in United States v. Frias, 521 F.3d 229, (2d. Cir. 2008), if the government objects to a further extension of time to file an appeal after the first extension has been granted, Federal Rule of 8 Appellate Procedure 4(b) is inflexible and the appeal must be precluded.
Friday, June 10th, 2016