Background
Samer Othman pleaded guilty in December 2024 to possessing a firearm after a felony conviction and as a noncitizen illegally present in the United States. He was sentenced to 48 months’ imprisonment. His counsel filed an *Anders* brief, conceding that there were no meritorious issues for appeal because Othman’s appeal was untimely and requested to be relieved as counsel. Othman subsequently filed a pro se supplemental brief, challenging the calculation of his Sentencing Guidelines range and alleging ineffective assistance of counsel for failing to object to the Guidelines range in the district court.
The district court entered an amended criminal judgment on April 18, 2025. Othman, however, did not file his pro se notice of appeal until October 29, 2025. In response to the appeal, the Government moved to dismiss it as untimely, invoking the relevant procedural rules regarding the appeal period.
The Court’s Holding
The Fourth Circuit granted the Government’s motion and dismissed Othman’s appeal as untimely. The court emphasized that, under Federal Rule of Appellate Procedure 4(b)(1)(A), a defendant in a criminal case must file a notice of appeal within 14 days after the entry of judgment. While district courts may extend this period by up to 30 days upon a showing of excusable neglect or good cause, Othman neither filed his appeal within the initial 14-day window nor obtained an extension.
The court acknowledged that the appeal period in a criminal case is a claim-processing rule, not a jurisdictional provision. However, citing precedent like *United States v. Oliver*, the court reiterated that when the Government promptly invokes the rule in response to a late-filed criminal appeal, dismissal is mandatory. Given that Othman’s notice of appeal was filed more than six months after the amended judgment, and the Government timely raised the untimeliness objection under Fourth Circuit Rule 27(f)(2), the court had no recourse but to dismiss the appeal.
Key Takeaways
- Criminal appeals in federal court must be filed within a strict 14-day window following the entry of judgment.
- District courts have limited discretion to extend the appeal period by up to 30 days for excusable neglect or good cause.
- Failure to file a timely notice of appeal, if promptly challenged by the government, is a fatal procedural error leading to dismissal.
- Though classified as a claim-processing rule, the untimeliness of a criminal appeal, when properly invoked, effectively bars appellate review.
Why It Matters
This ruling serves as a critical reminder to criminal defense attorneys and pro se litigants about the unforgiving nature of appellate deadlines. Missing the 14-day period for filing a notice of appeal, without securing a valid extension, can permanently foreclose a defendant’s right to challenge their conviction or sentence on appeal. It underscores the importance of meticulously tracking judgment dates and adhering strictly to the Federal Rules of Appellate Procedure to preserve a client’s appellate rights, as even compelling substantive arguments may not be heard if procedural prerequisites are not met.