Melvon Adams v. United States

Some lower courts hold that even when extraordinary circumstances prevent a defendant’s timely filing of a notice of appeal in a criminal case, Rule 4(b) requires mandatory dismissal upon the government’s motion to dismiss for timeliness. The Question Presented here is whether Federal Rule of Appellate Procedure 4(b)’s timelimitations for the filing of a criminal appeal, which are non-jurisdictional, are subject to equitable tolling even after the government objects to untimeliness, consistent with this Court’s equitable tolling jurisprudence.