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/
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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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