United States v. Raymond Burch, Jr.

ORDER

SUTTON, Circuit Judge.

With a district court’s permission, Raymond Earl Burch, Jr., appealed the revocation of his term of supervised release after the fourteen-day deadline for filing a notice of appeal. The government moves to dismiss the appeal, claiming that the district court abused its discretion in excusing the notice’s untimeliness. What looks like a simple extension motion (and a simple objection to it) raises a not-so-simple question: Must the United States file a cross-appeal to challenge the order on appeal or may it challenge the order through a motion to dismiss?

Before…