Background
Donald Edward Hunker pleaded guilty in March 2022 to failing to update a sex-offender registration, in violation of 18 U.S.C. § 2250(a). The U.S. District Court for the Northern District of West Virginia sentenced him to 41 months in prison and 25 years of supervised release. The criminal judgment was entered on December 1, 2022.
Proceeding pro se, Hunker filed a notice of appeal on September 2, 2025. Appointed counsel submitted an Anders brief stating that there were no meritorious grounds for appeal, and Hunker did not submit a supplemental brief. The government moved to dismiss the appeal as untimely.
The Court’s Holding
The Fourth Circuit granted the government’s motion and dismissed the appeal. Under Federal Rule of Appellate Procedure 4(b)(1)(A)(i), Hunker had 14 days after entry of judgment—until December 15, 2022—to file his notice of appeal. A district court may extend that deadline by no more than 30 days upon a showing of excusable neglect or good cause, but Hunker neither filed within the permitted period nor obtained an extension.
The court explained that Rule 4(b)’s criminal-appeal deadline is a mandatory claim-processing rule rather than a jurisdictional requirement. Nevertheless, when the government promptly invokes the rule in response to a late-filed appeal, the appellate court must enforce it. Because the government promptly raised untimeliness and Hunker’s notice came more than two years after the deadline, dismissal was required.
Key Takeaways
- A criminal defendant generally must file a notice of appeal within 14 days after entry of judgment.
- The district court may grant an extension of up to 30 days for excusable neglect or good cause, but no longer extension is authorized under Rule 4(b)(4).
- Although Rule 4(b)’s deadline is not jurisdictional, the Fourth Circuit must dismiss a late criminal appeal when the government promptly invokes the deadline.
Why It Matters
The decision underscores that characterizing a criminal-appeal deadline as nonjurisdictional does not make it optional. Once the government promptly objects, Rule 4(b) operates as a mandatory bar to an untimely appeal.
For defense counsel and criminal defendants, the ruling highlights the importance of filing a notice of appeal immediately after judgment or timely seeking the limited extension available from the district court.