William D. Zack v. United States

OPINION

KENNEDY, Circuit Judge.

Petitioner, William D. Zack, appeals the denial of his motion, pursuant to Rule 4(a)(5) of the Federal Rules of Appellate Procedure, to extend the time to file a notice of appeal from a judgment denying a motion to vacate sentence filed under 28 U.S.C. § 2255. The District Court held that Rule 4(a)(6) of the Federal Rules of Appellate Procedure is the sole provision under which a party who has failed to receive prompt notice of the entry of a judgment or order may seek to extend the period in which to file a notice of appeal. For the reasons set forth below, we…