United States v. Woodard , 32 F. App'x 695 ( 2002 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-8130
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
LAWRENCE WOODARD,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Jackson L. Kiser, Senior District
Judge. (CR-96-109)
Submitted: February 21, 2001 Decided: April 19, 2002
Before WILKINS, MOTZ, and TRAXLER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Lawrence Woodard, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Lawrence Woodard appeals his conviction for conspiracy to
distribute cocaine, in violation of 21 U.S.C.A. § 846 (West Supp.
2000). We dismiss the appeal for lack of jurisdiction because
Woodard’s 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, 196 (4th Cir. 1991); United States v.
Schuchardt, 685 F.2d 901, 902 (4th Cir. 1982).
The district court’s final judgment was entered on the docket
on November 26, 1997. Woodard’s notice of appeal was filed on
November 28, 2001.* Because Woodard failed to file a timely notice
of appeal or to obtain an extension of the appeal period, we
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
*
This is Woodard’s second appeal in this matter. His
conviction and sentence were originally affirmed by this Court on
June 21, 1999. United States v. Woodard, No. 97-4950, 1999 WL
410080 (4th Cir. June 21, 1999) (unpublished).
2