United States v. Madrid

HARTZ, Circuit Judge.

This appeal requires us to determine whether the government properly challenged the district court’s order granting an extension of time to file a notice of appeal and, if so, whether the grant was proper. We hold that the government’s motion to dismiss the appeal as untimely was a proper vehicle to challenge the extension order, the government did not forfeit its right to challenge the order by failing to move the district court to reconsider the order, and the order must be reversed. We therefore dismiss the appeal.

Eric M. Madrid pleaded guilty in the United States…