United States v. Jensen , 113 F. App'x 562 ( 2004 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-7163
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
ERIC LEE JENSEN,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Orangeburg. Cameron McGowan Currie, District
Judge. (CR-98-1118)
Submitted: November 18, 2004 Decided: November 29, 2004
Before LUTTIG and GREGORY, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Eric Lee Jensen, Appellant Pro Se. Stacey Denise Haynes, OFFICE OF
THE UNITED STATES ATTORNEY, Columbia, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Eric Lee Jensen seeks to appeal his conviction and
sentence following his guilty plea to conspiring to possess with
the intent to distribute and to distribute cocaine. See 21 U.S.C.
§ 846 (2000). We dismiss the appeal for lack of jurisdiction
because the notice of appeal was not timely filed.
In criminal cases, the defendant is accorded ten days
after entry of the district court's final judgment or order to note
an appeal, see Fed. R. App. P. 4(b)(1)(A), unless the district
court extends the appeal period under Fed. R. App. P. 4(b)(4).
This appeal period is “mandatory and jurisdictional.” United
States v. Raynor, 939 F.2d 191, 197 (4th Cir. 1991).
The district court's Amended Judgment and Commitment
Order was entered on its docket on August 9, 2000. Jensen filed
his notice of appeal on July 13, 2004. Because Jensen failed to
file a timely notice of appeal, we lack jurisdiction to review the
district court's order. Accordingly, we deny Jensen’s motion for
transcripts at government expense and dismiss the appeal. We
dispense with oral argument because the facts and legal contentions
are adequately presented in the materials before the court and
argument would not aid the decisional process.
DISMISSED
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