It is crucial for defense counsel to timely file the notice of appeal. If trial counsel has failed to timely file a notice of appeal when requested to do so by the defendant, appellate counsel must argue either excusable neglect or that the defendant was abandoned by trial counsel.

Under F.R.A.P. 4(b)(3)(B)(i) as amended effective December 1, 1998, a notice of appeal filed prior to a ruling on a motion to reconsider in the district court becomes effective upon the district court’s entry of judgment on that motion to reconsider. U.S. v. Powers, No. 98-3734, slip op. p. 8 (7th Cir. 2/5/99).

Time for appeal may not be extended absent showing of excusable neglect. United States v. Dumas, 94 F.3d 286, 289 (7th Cir. 1996), cert. denied, Dexter v. United States, 117 S.Ct. 1109 (1997); United States v. Marbley, 81 F.3d 51, 52 (7th Cir. 1996).

The requirement of excusable neglect is jurisdictional. United States v. Dumas, 94 F.3d 286, 289 (7th Cir. 1996), cert. denied, Dexter v. United States, 117 S.Ct. 1109 (1997).

An experienced federal criminal litigator’s failure to file a timely notice of appeal was not excusable neglect under F.R.A.P. 4(b), even though the attorney relied on F.R.C.P. 45(a) which allows exclusion of Saturday, Sunday and legal holidays in determining the time of filing when the deadline is ten days or less. Rule 45(a) of the Criminal Rules governs procedure in the district courts, not in the Court of Appeals. United States v. Guy, 140 F.3d 735, 736 (7th Cir. 1998). "Trial judges must be meticulous and precise in following each of the requirements of Rule 32(c)(5) (requiring that a defendant be advised of his right to appeal). Failure to give such advice is error. Peguero v. United States, 119 S.Ct. 961, 964 (1999).

Although a court’s failure to advise a defendant of his right to appeal is error, a defendant is entitled to collateral relief only when the defendant is actually prejudiced by the court’s error. Peguero v. United States, 119 S.Ct. 961, 964 (1999).

A petitioner is not prejudiced by a court’s failure to advise him of right to appeal where the record establishes that he had actual notice of his right to appeal. Peguero v. United States, 119 S.Ct. 961, 964-65 (1999). Perfunctory and undeveloped arguments are waived on appeal. United States v. Berkowitz, 927 F.2d 1376, 1384 (7th Cir. 1991).

Appeal by the Government:

The government’s failure to file a certificate that the appeal is not taken for the purpose of delay and that the evidence is a substantial proof of a fact material in the proceeding is not necessarily fatal to the appeal. United States v. Bailey, 136 F.3d 1160, 1163 (7th Cir. 1998).

If the government files the certificate late, the appellate court has discretion in deciding whether to hear the appeal in light of such defect. United States v. Bailey, 136 F.3d 1160, 1163 (7th Cir. 1998). Failure of government to file notice of appeal within thirty days of the district court’s opinion divests jurisdiction from Court of Appeals. United States v. Bailey, 136 F.3d 1160, 1163 (7th Cir. 1998).