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United States v. Galvan-Reyes
4:09-cr-00154
D. Idaho
Apr 12, 2019
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Docket
MEMORANDUM DECISION AND ORDER
ORDER
IT IS ORDERED:

UNITED STATES OF AMERICA, Plaintiff, v. ANAYELL NIETO-ROJAS, Defendant.

Civ. Case No. 4:16-cv-00284-E-BLW Crim. Case No. 4:09-cr-00154-E-BLW

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO

April 12, 2019

B. Lynn Winmill

MEMORANDUM DECISION AND ORDER

MEMORANDUM DECISION AND ORDER

ORDER

This case has been remanded to the Court from the United States Court of Appeals for the Ninth Circuit “for the limited purpose of permitting the district court to provide appellant notice and an opportunity to request that the time for filing the notice of appeal be extended, for a period not to exceed 30 days from the expiration of the time prescribed by Rule 4(b), upon a finding of excusable neglect or good cause. See Fed. R. App. P. 4(b)(4); United States v. Stolarz, 547 F.2d 108 (9th Cir. 1976).”

Ms. Nieto-Rojas subsequently filed a Response aimed at establishing good cause or excusable neglect. Dkt. 203. After reviewing Ms. Nieto-Rojas‘s materials, and in light of the fact that Ms. Nieto-Rojas was just one day late in filing her appeal her notice of appeal, the Court concludes that good cause exists to excuse Ms. Nieto-Rojas‘s delay.

IT IS ORDERED:

  1. Pursuant to the Ninth Circuit‘s remand instructions, the Court finds that good cause exists to excuse Ms. Nieto-Rojas‘s delay.
  2. The Clerk of the Court will forward this order to the Office of the Clerk for the United States Court of Appeals for the Ninth Circuit.

DATED: April 12, 2019

B. Lynn Winmill

United States District Judge

Case Details

Case Name: United States v. Galvan-Reyes
Court Name: District Court, D. Idaho
Date Published: Apr 12, 2019
Citation: 4:09-cr-00154
Docket Number: 4:09-cr-00154
Court Abbreviation: D. Idaho
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