United States v. Edward Elmer Solly Appeal of Charles J. Smith

OPINION OF THE COURT

SEITZ, Chief Judge.

We are here concerned with separate appeals by the same party (Smith). In No. 2236, Smith appeals out of time from an order of the district court denying his Rule 35 motion for reduction of sentence. In No. 2410, he appeals from the denial of his motion, pursuant to Fed.R.App.P. 4(b), for an extension of time within which to file his appeal in No. 2236. The district court’s docket sheets show that Smith was again untimely, however, in filing his appeal in No. 2410. Thus, this Court cannot assume jurisdiction over No. 2410 unless it is first appropriately…