United States v. Brian Lee Moore, A/K/A Mr. B, (Two Cases)

Vacated and remanded by published opinion. Judge K.K. HALL wrote the opinion, in which Judge RUSSELL and District Judge KEELEY joined.

OPINION

K.K. HALL, Circuit Judge:

Brian Lee Moore was convicted of various drug offenses and sentenced to 63 months imprisonment. The district court entered the judgment order on October 8,1991. Under Fed.R.App.P. 4(b), Moore had ten days, until October 18, to file a notice of appeal as of right. Upon a showing of excusable neglect, Moore could have filed an effective notice of appeal as late as November 18. 1

On November 20, the district court received from…