
    UNITED STATES of America, Plaintiff-Appellee, v. Alberto ESPINOSA, Defendant-Appellant.
    No. 09-7252.
    United States Court of Appeals, Fourth Circuit.
    Submitted: May 20, 2010.
    Decided: June 10, 2010.
    
      Alberto Espinosa, Appellant Pro Se. Deborah A. Johnston, Assistant United States Attorney, Greenbelt, Maryland, for Appellee.
    Before MOTZ and KING, Circuit Judges, and HAMILTON, Senior Circuit Judge.
   Remanded by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Alberto Espinosa seeks to appeal the district court’s order denying his motion to unseal records. In criminal cases prior to December 1, 2009, the defendant must file the notice of appeal within ten days after the entry of judgment. Fed. R.App. P. 4(b)(1)(A). With or without a motion, upon a showing of excusable neglect or good cause, the district court may grant an extension of up to thirty days to file a notice of appeal. Fed. R.App. P. 4(b)(4); United States v. Reyes, 759 F.2d 351, 353 (4th Cir.1985).

The district court entered judgment on June 11, 2009. At the earliest, Espinosa filed the notice of appeal on June 29, 2009, after the ten-day period expired but within the thirty-day excusable neglect period. Because the notice of appeal was filed within the excusable neglect period, we remand the case to the district court for the court to determine whether Espinosa has shown excusable neglect or good cause warranting an extension of the ten-day appeal period. The record, as supplemented, will then be returned to this court for further consideration.

REMANDED.  