United States v. Phu Tan Luong

MEMORANDUM **

We have jurisdiction to consider the government’s notice of appeal in Case No. 07-50161 because the matter being appealed was civil in nature, and therefore the time for filing an appeal under Rule 4(a)(1)(B) of the Federal Rules of Appellate Procedure applied. Although the plain language of Rule 4 directs us to consider only whether the “judgment or order appealed from” is entered in a “civil case” or “criminal case,” our precedents dictate that we must engage in a more searching analysis. We have rejected the “conclusory rationale” that merely because a motion is made in a…