United States of America v. Gokhan Bergal

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-6071
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
GOKHAN BERGAL,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. James K. Bredar, District Judge. (1:13-
cr-00012-JKB-5)
Submitted: April 21, 2016 Decided: April 26, 2016
Before WILKINSON, KING, and KEENAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Gokhan Bergal, Appellant Pro Se. Andrea L. Smith, OFFICE OF THE
UNITED STATES ATTORNEY, Baltimore, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

-- 1 of 2 --

2
PER CURIAM:
Gokhan Bergal appeals the district court’s order denying his
motion for an extension of time to appeal the court’s August 6,
2015, order denying his motions for a sentence reduction under 18
U.S.C. § 3582(c)(2) (2012). Bergal did not seek an extension of
time until November 13, nearly two months after the expiration of
the excusable neglect period. See Fed. R. App. P. 4(b)(1)(A),
(4); cf. Houston v. Lack, 487 U.S. 266, 276 (1988) (holding that
prisoner’s notice of appeal is deemed filed on date he delivered
it to prison officials for mailing to court). Because the district
court was without authority to grant Bergal’s motion, we affirm
the court’s judgment. We dispense with oral argument because the
facts and legal contentions are adequately presented in the
materials before this court and argument would not aid the
decisional process.
AFFIRMED

-- 2 of 2 --