United States v. Jameson ( 1996 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 95-7798
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
JOYCE C. JAMESON,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern Dis-
trict of North Carolina, at Fayetteville. W. Earl Britt, District
Judge. (CR-90-60)
Submitted: April 15, 1996 Decided: April 29, 1996
Before ERVIN and MOTZ, Circuit Judges, and CHAPMAN, Senior Circuit
Judge.
Dismissed by unpublished per curiam opinion.
Joyce C. Jameson, Appellant Pro Se. Rudolf A. Renfer, Jr., OFFICE
OF THE UNITED STATES ATTORNEY, Raleigh, North 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Unpublished opinions are not binding precedent in this circuit.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 appeal period estab-
lished by Fed. R. App. P. 4 and failed to obtain an extension of
the appeal period within the additional thirty-day period provided
by that rule. The time periods established by Fed. R. App. P. 4 are
"mandatory and jurisdictional." Browder v. Director, Dep't of
Corrections, 434 U.S. 257, 264 (1978) (quoting United States v.
Robinson, 361 U.S. 220, 229 (1960)). The district court entered its
order on August 4, 1995; Appellant's notice of appeal was filed on
October 30, 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