While a notice of appeal must specifically indicate the litigant's intent to seek appellate review, the purpose of this requirement is to ensure that the filing provides sufficient notice to other parties and the courts. Thus, the notice afforded by a document, not the litigant's motivation in filing it, determines the document's sufficiency as a notice of appeal. If a document filed within the time specified by Rule 4 gives the notice required by Rule 3, it is effective as a notice of appeal.

Id. (internal citations omitted). The Court also noted that Rule 3's requirements should be liberally construed, although noncompliance will still be fatal to an appeal. Id. at 248.

Two of our sister circuits have relied on Smith v. Barry to hold that a timely motion for extension of time may qualify as a notice of appeal. United States v. Smith , 182 F.3d 733, 735-36 (10th Cir. 1999); Listenbee v. City of Milwaukee, 976 F.2d 348, 349-51 (7th Cir. 1992).⁷ Prior to the Supreme Court's decision in Smith v. Barry, the Tenth Circuit had held to the contrary. Longstreth v. City of Tulsa, 948 F.2d 1193, 1194 (10th Cir. 1991) ("[A]sking for more time in which to file an appeal indicates uncertainty as to whether one will file an appeal and compels the conclusion that the notice of appeal is something yet to be filed."). In United States v. Smith, however, the Tenth Circuit departed from its previous rule by explaining that Smith v. Barry had modified the intent requirement by shifting the emphasis to " `the notice afforded by a document, not the litigant's motivation in filing it. . . .' " 182 F.3d at 735 (quoting Smith v. Barry, 502 U.S. at 248-49). It

⁷Prior to the Supreme Court's decision in Smith v. Barry, the Sixth Circuit had already held that a timely motion for extension of time may be treated as a notice of appeal, at least in cases involving a direct or collateral appeal from a criminal conviction. United States v. Christoph, 904 F.2d 1036, 1040 (6th Cir. 1990), superceded by statute on other grounds, as recognized in United States v. Williams, 940 F.2d 176, 181 n.3 (6th Cir. 1991); Hoye, 548 F.2d at 1273.

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