United States v. Lucas ( 1996 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 95-5719
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
JOEL A. LUCAS,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Rock Hill. Joseph F. Anderson, Jr., District
Judge. (CR-95-286)
Submitted: November 7, 1996 Decided: November 19, 1996
Before RUSSELL and WIDENER, Circuit Judges, and PHILLIPS, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Mark E. Hall, Columbia, South Carolina, for Appellant. J. René
Josey, United States Attorney, Dean A. Eichelberger, 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Unpublished opinions are not binding precedent in this circuit.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:
Appellant noted this appeal outside the ten-day appeal period
established by Fed. R. App. P. 4(b) and failed to obtain an exten-
sion of the appeal period within the additional thirty-day period
provided by Rule 4(b). The time period established by Rule 4(b) is
mandatory and jurisdictional. United States v. Raynor, 939 F.2d
191, 197 (4th Cir. 1991). The district court entered its judgment
on September 1, 1995; Appellant's notice of appeal was filed on
September 12, 1995. Appellant's failure to note a timely appeal or
obtain an extension of the appeal period deprives this court of
jurisdiction to consider this case. We therefore 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
2