U.S. v. LOPEZ , 2009 WL 763128 (11th Cir. March 25, 2009)
This was a remand from the U.S. Supreme Court which directed the Court of Appeals to decide whether the deadline for filing a notice of appeal in a criminal case under Rule 4(b) is jurisdictional. The Court found it was not jurisdictional because the time limits are not based on any federal statute. The defendant then argued that the government forfeited its objection to the untimely appeal (filed days after the expiration of the period). The Court found that the government did not have to raise an objection with the district court and could object with the filing of its brief.
