United States v. Antione Cowan

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JAN 27 2023 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 22-50076 Plaintiff-Appellee, D.C. No. 3:19-cr-04906-LAB-1 v. MEMORANDUM* ANTIONE JAMES COWAN, Defendant-Appellant. Appeal from the United States District Court for the Southern District of California Larry A. Burns, District Judge, Presiding Submitted January 18, 2023** Before: GRABER, PAEZ, and NGUYEN, Circuit Judges. Antione James Cowan appeals from the district court’s order denying his motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A)(i). We dismiss Cowan’s appeal as untimely. Giving Cowan the benefit of the mailbox rule, he filed his notice of appeal * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 59 days after the district court’s order denying his motion for compassionate release, well outside the 14-day deadline and the 30-day extension of time the district court could have granted. See Fed. R. App. P. 4(b)(1)(A), 4(b)(4). Because the government properly objected to Cowan’s untimely notice of appeal, we must dismiss. See United States v. Sadler, 480 F.3d 932, 942 (9th Cir. 2007). DISMISSED. 2 22-50076