The Sixth Circuit recently reexamined its precedent when it held that the time period for a criminal appeal under Federal Rule of Appellate Procedure 4(b) is not jurisdictional. In United States v. Gaytan-Garza.pdf, No. 10-4615 (6th Cir. July 12, 2011), the Court followed the lead of the Supreme Court in holding that only statutes can establish jurisdictional time periods. Thus, the time limitations for civil appeals, as set out in Rule 4(a) and based on 28 U.S.C. § 2107, are jurisdictional, while Rule 4(b)’s time limitations for criminal appeals, with no statutory basis, are not. In practice, appellants should continue to strive to file appeals within Rule 4(b)’s deadlines or risk sua sponte dismissal.
