USA v. Timothy Allen Phillips

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 22-13572
Non-Argument Calendar
____________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
TIMOTHY ALLEN PHILLIPS,
Defendant- Appellant.
____________________
Appeal from the United States District Court
for the Northern District of Alabama
D.C. Docket No. 2:20-cr-00038-AKK-JHE-1
____________________
USCA11 Case: 22-13572 Document: 36-1 Date Filed: 11/22/2023 Page: 1 of 2

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2 Opinion of the Court 22-13572
Before J ILL PRYOR , NEWSOM , and L UCK , Circuit Judges.
PER CURIAM:
The government’s motion to dismiss this appeal as untimely
is GRANTED. Timothy Phillips’s October 21, 2022 notice of ap-
peal is untimely to challenge the final criminal judgment and sen-
tence entered on November 3, 2021. See Fed. R. App. P. 4(b)(1)(A)
(providing that in criminal cases, a defendant’s notice of appeal
must be filed within 14 days after the entry of the judgment or or-
der being appealed); United States v. Lopez, 562 F.3d 1309, 1313-14
(11th Cir. 2009) (holding that we must apply Rule 4(b)’s 14-day time
limit when the government objects to an untimely notice of ap-
peal).
While Phillips argues that the government forfeited a time-
liness objection by failing to raise it sooner, the government may
object to timeliness “for the first time” in its response brief. See
Lopez, 562 F.3d at 1313. Here, the government has not yet filed its
response brief, and it filed its motion before the deadline for that
brief. Accordingly, this appeal is DISMISSED.1
1 Phillips’s alternative request for appointment of counsel in seeking relief un-
der 28 U.S.C. § 2255 is DENIED without prejudice to him seeking such relief
in the district court.
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