United States v. Christie Buzard, Juan Antonio Tercero, Albert Dupuy

ORDER DISMISSING APPEAL

By an order filed July 26, 1988 and docketed on July 28, 1988, the district court denied Dupuy’s timely motion for a new trial. Notice of appeal was required to be filed within ten days after the order was docketed. An exception is provided, however: “[ujpon a showing of excusable neglect the district court may, before or after the time has expired, with or without motion and notice, extend the time for filing a notice of appeal for a period not to exceed 30 days from the expiration of the time otherwise prescribed_” Fed.R.App.P. 4(b).

In this case the clerk apparently…