UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-6707
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
RICHARD M. PATTERSON,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. James C. Cacheris, Senior
District Judge. (CR-97-60)
Submitted: October 24, 2001 Decided: November 19, 2001
Before WILLIAMS, TRAXLER, and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Jack R. Maro, Ocala, Florida, for Appellant. Kenneth E. Melson,
United States Attorney, William H. Stallings, Special Assistant
United States Attorney, Alexandria, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Richard M. Patterson appeals the district court’s order deny-
ing his motion for a new trial under Fed. R. Crim. P. 33. We have
reviewed the record and find that the district court did not have
jurisdiction to consider the motion because it was filed beyond the
time period allowed under the Rule. See Fed. R. Crim. P. 33; see
also United States v. Smith, 62 F.3d 641, 648 (4th Cir. 1995)
(holding that time limits set forth in Fed. R. Crim. P. 33 are
jurisdictional). Accordingly, we dismiss the appeal. 28 U.S.C. §
2106 (1994). 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