United States v. King , 79 F. App'x 602 ( 2003 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-7075
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
ALBERTO KING, JR.,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Columbia. Cameron M. Currie, District Judge.
(CR-00-780-3)
Submitted: October 23, 2003 Decided: October 30, 2003
Before WILLIAMS, MOTZ, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Alberto King, Jr., Appellant Pro Se. Mark C. Moore, Assistant
United States Attorney, Columbia, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Alberto King, Jr., seeks to appeal the district court’s denial
of his motion for a reduction of his sentence pursuant to Rule
35(b) of the Federal Rules of Criminal Procedure. We dismiss the
appeal for lack of jurisdiction because the notice of appeal was
not timely filed. Movants are accorded ten days after the entry of
the district court’s final judgment or order to note an appeal in
criminal cases. Fed. R. App. P. 4(b)(1); United States v. Breit,
754 F.2d 526, 528 (4th Cir. 1985) (applying ten-day appeal period
to Rule 35 motion). The district court’s order denying Rule 35
relief was entered on the docket on February 14, 2003. King did not
file his notice of appeal until July 2003. Because he failed to
file a timely notice of appeal or to obtain an extension of the
appeal period within the thirty-day excusable neglect period, Fed.
R. App. P. 4(b)(4), we deny leave to proceed in forma pauperis and
dismiss the appeal for lack of jurisdiction. 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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