United States v. Rice

Darrell David Rice pled guilty to attempted kidnapping, see 18 U.S.C.A. § 1201(a), (d) (West 1984 & Supp. 1999), and was sentenced to a term of 135 months imprisonment on March 11, 1999. Judgment was entered on March 19, 1999. Rice did not note an appeal within the ten-day appeal period provided in Fed. R. Crim. P. 4(b). Instead, he filed a "Motion for New Trial" on March 18, 1999, in which he contested two of the rulings the district court made during the sentencing hearing. On May 19, 1999, the district court denied the new trial motion on the merits. Rice noted his appeal on June 1, 1999, the tenth day after denial of the motion.