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Sixth Circuit Orders Michigan District Court to Review Prisoner’s Plea for Compassionate Release

Loaded on March 1, 2021 by David Reutter published in Prison Legal News March, 2021, page 49
Filed under: Tolling of Statutes of Limitations and Laches, Compassionate Release. Location: Michigan.

by David M. Reutter

The Sixth Circuit Court of Appeals ordered a Michigan federal district court to determine if a prisoner showed excusable neglect in filing an appellate notice outside time limitations. The prisoner alleged he couldn’t get needed copies made because his prison was on lockdown.

The court’s October 28, 2020, opinion was issued in an appeal brought by prisoner Arthur D. Payton. The district court on July 24, 2020, denied Payton’s motion for compassionate release or a reduction of sentence. Payton’s notice of appeal was dated August 9, 2020, and it was filed on August 10. The government moved to dismiss the appeal as untimely.

Under Federal Rule of Appellate Procedure 4(b)(1)(A), a notice of appeal in a criminal case must be filed in the district court no later than 14 days after the challenged judgment or order is filed. In response to the government’s motion to dismiss, Payton said he always intended to file a notice of appeal, but his prison was on lockdown and obtaining copies was “problematic.” He requested to be allowed to file a belated appeal due to excusable neglect.

The court noted that “Rule 4(b)(4) authorizes the district court to extend the time in which a party may appeal for up to thirty days from the end of the fourteen-day period” if it finds “good cause” or “excusable neglect.” In United States v. Batista, 22 F.3d 492 (2d Cir. 1994) held that a criminal defendant filed his notice after the 14-day period but before expiration of the 30-day period, “the district court should treat the notice as a request for an extension” of time to file.

The Sixth Circuit was persuaded by the analysis in Batista, which found that under those circumstances there is indication that an appeal was intended and no violence is done to the Rule if the district court receives a proffer of excusable neglect or good cause under those circumstances. Thus, the matter was remanded for the limited purpose of the district court to making that proffer. See: United States v. Payton, 979 F.3d 388 (6th Cir. 2020).

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Related legal case

United States v. Payton

Year2020
Cite979 F.3d 388 (6th Cir. 2020)
LevelCourt of Appeals
ConclusionBench Verdict
Appeals Court EditionF.3d

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