977 F2d 574 United States America v. Laupert
977 F.2d 574
UNITED STATES of AMERICA, Plaintiff-Appellee,
v.
Oscar Thomas LAUPERT, Defendant-Appellant.
No. 92-6434.
United States Court of Appeals,
Fourth Circuit.
Submitted: July 30, 1992
Decided: October 16, 1992
NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.
Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Albert V. Bryan, Jr., Senior District Judge. (CR-87-279-A)
Oscar Thomas Laupert, Appellant Pro Se.
Richard Cullen, United States Attorney, Alexandria, Virginia, for Appellee.
E.D.Va.
Remanded.
Before PHILLIPS and WILKINS, Circuit Judges, and BUTZNER, Senior Circuit Judge.
OPINION
PER CURIAM:
The notice of appeal in this case was received in the district court shortly after expiration of the appeal period. Under Houston v. Lack, 487 U.S. 266 (1988), the notice is considered filed as of the date Appellant delivered it to prison officials for forwarding to the court. The record does not reveal when Appellant delivered the notice of appeal for mailing to the court. Accordingly, we remand the case for the district court to obtain this information from the parties and determine the timeliness of the filing under Houston v. Lack. The record, as supplemented, will then be returned to this Court for further consideration.
REMANDED