United States v. Roland Lorenzo Mitchell

LUCERO, Circuit Judge.

Roland Lorenzo Mitchell seeks to appeal the district court’s denial of his motion to suppress evidence discovered by officers of the New Mexico Department of Public Safety during a warrantless search of the tractor-trailer he was driving at a border checkpoint. Recognizing that his notice of appeal was untimely, Mitchell filed a motion for an extension of time with the district court arguing that the delay was the result of excusable neglect under Federal Rule of Appellate Procedure 4(b)(4), which was granted. The only grounds identified by Mitchell’s counsel in…