United States v. Marcus Hooper

WINTER, Circuit Judge:

Marcus Hooper appeals from Judge Ar-cara’s denial of his motion to file a late notice of appeal from his judgment of conviction. The district court, relying in part upon 650 Park Ave. Corp. v. McRae, 836 F.2d 764 (2d Cir.1988), rejected Hooper’s argument that his failure to file a timely notice of appeal constituted “excusable neglect” under Fed. R.App.P. 4(b). Because McRae’s interpretation of the “excusable neglect” standard has been superseded by a more lenient interpretation in Pioneer Inv. Servs. Co. v. Brunswick Assocs. Ltd. Partnership, — U.S. —, 113 S.Ct. 1489,…