Extension of Time to File Notice of Appeal Not Justified by Counsel's Workload

U.S. v. Mitchell, 2006 WL 2709635 (9/22/2006) - Counsel's heavy workload and involvement in a trial never constitute excusable neglect to warrant the extension of time to file a late notice of appeal. The 4 factors to be considered in deciding whether to grant an extension motion---prejudice to the other party, length of delay, the good faith of the movant and the reason for the delay are not given equal weight. The reason for the delay is by far the most important factor. Although three factors weighed in favor of the extension, the reason for the delay did not. The 10th reverses the granting of the extension.