Professional Documents
Culture Documents
No. 09-5126
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro.
N. Carlton
Tilley, Jr., Senior District Judge. (2:96-cr-00011-NCT-1)
Submitted:
Decided:
January 6, 2011
PER CURIAM:
Randy Kendrell Simpson seeks to appeal the district
courts judgment revoking his supervised release and imposing a
forty-two month prison term.
Fed. R.
enforced
by
[G]overnment.
th[e]
court
when
properly
invoked
by
the
district
court
entered
judgment
on
23, 2009.
of
374 F. Appx
the
462
without
ordering
district
court
appeal
(4th
or
period.
Cir.
2010)
obtaining
determined
that
United
(No.
v.
09-5126).
response
he
States
from
failed
On
Simpson,
remand,
Simpson,
to
the
demonstrate
F.2d
526,
528-29
(4th
Cir.
determination
of
for
the
delay,
including
whether
it
was
within
the
factors
is
the
untimely
partys
reason
for
delay.
Thompson v. E.I. DuPont de Nemours & Co., Inc., 76 F.3d 530, 534
(4th Cir. 1996).
failing
to
take
into
account
judicially-recognized
factors
record,
we
find
no
indication
the
district
court
Because
the
district
court
failed
to
take
address
determination.
any
factors
The
relevant
record,
as
to
its
excusable
supplemented,
will
neglect
then
be