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Response to Order, Motion to Extend Time to Appeal — United States v. Nathan Reardon (D. Me., Dkt. 227)

Summary

Response to Order, filed January 2, 2025 as Document 227, Case 1:21-cr-00061-LEW, United States v. Nathan Reardon, District of Maine. The Government responds to the Court's Order (Dkt. #225) and Defendant Nathan Reardon's Motion to Extend Time to Appeal (Dkt. #224). It confirms it has no objection to Defendant's health-related bases for enlarging the time for filing the notice of appeal. It states that Defendant did file his notice of appeal within the 44-day period, and that, given the First Circuit's Order (Dkt. #223), the Court may recognize the notice of appeal to the extent it finds excusable neglect or good cause. It is signed /s/ Andrew K. Lizotte, AUSA.

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“Response to Order, Motion to Extend Time to Appeal — United States v. Nathan Reardon (D. Me., Dkt. 227).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-d-me-no-1-21-cr-00061-dkt-227-3b42fed2d4/, SHA-256 7d59a83c713e1744a45a01ee998c02f90350b172741f25ae63eaf326c9e1de5e.

Full text

Case 1:21-cr-00061-LEW       Document 227 Filed 01/02/25          Page 1 of 2    PageID #:
                                       1444



                        UNITED STATES DISTRICT COURT
                         FOR THE DISTRICT OF MAINE

UNITED STATES OF AMERICA
                                                 Case No. 1:21-cr-00061-LEW
v.

NATHAN REARDON


                               RESPONSE TO ORDER

       The Government responds to this Court’s Order (Dkt. #225) and Defendant

Nathan Reardon’s Motion to Extend Time to Appeal (Dkt. #224) to confirm that it has

no objection to Defendant’s health-related bases for enlarging the time for his filing of

the notice of appeal. Criminal defendants have “a maximum of forty[-four] days” to file a

timely notice of appeal,” such that “[c]ourts cannot extend the time period beyond the

forty[-four]-day time period prescribed by [Federal Rule of Appellate Procedure] 4(b).”

United States v. Rapoport, 159 F.3d 1, 2-3 (1st Cir. 1998). Here, although a period

exceeding 44 days has now elapsed, Defendant did file his notice of appeal within the

44-day period. Accordingly, and given the First Circuit’s Order (Dkt. #223), it appears

that this Court may recognize Defendant’s notice of appeal to the extent it finds

excusable neglect or good cause. Fed. R. App. P. 4(b)(4).

Dated: January 2, 2025                           Respectfully submitted

                                                 DARCIE N. MCELWEE
                                                 UNITED STATES ATTORNEY

                                                  /s/ Andrew K. Lizotte
                                                 Andrew K. Lizotte, AUSA
                                                 202 Harlow Street
                                                 Bangor, ME 04401
                                                 (207) 262-4636
                                                 Andrew.Lizotte@usdoj.gov

                                             1
Case 1:21-cr-00061-LEW        Document 227 Filed 01/02/25          Page 2 of 2   PageID #:
                                        1445




                             CERTIFICATE OF SERVICE

       I hereby certify that on January 2, 2025, I electronically filed the foregoing using
the CM/ECF system, which will send an electronic notification of such filing to all
counsel of record, and that I have further caused the same to be mailed to Defendant’s
last known address of record.


                                                 DARCIE N. MCELWEE
                                                 UNITED STATES ATTORNEY

                                                  /s/ Andrew K. Lizotte
                                                 Andrew K. Lizotte, AUSA
                                                 202 Harlow Street
                                                 Bangor, ME 04401
                                                 (207) 262-4636
                                                 Andrew.Lizotte@usdoj.gov




                                             2


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