UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-4518
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
MARION SHAWN ANDERSON,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. William M. Nickerson, District Judge.
(CR-98-262-WMN)
Submitted: December 20, 2001 Decided: December 27, 2001
Before LUTTIG, TRAXLER, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Marion Shawn Anderson, Appellant Pro Se. Philip S. Jackson, Assis-
tant United States Attorney, Baltimore, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Marion Shawn Anderson seeks to appeal a judgment in a criminal
case. We dismiss the appeal for lack of jurisdiction because
Anderson’s notice of appeal was not timely filed.
Parties are accorded ten days after entry of the district
court’s judgment to note an appeal, see Fed. R. App. P.
4(b)(1)(A)(i), unless the district court extends the appeal period
under Fed. R. App. P. 4(b)(4). This appeal period is “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’s order was entered on the docket on
September 29, 2000. Anderson’s notice of appeal was filed on
June 18, 2001.* Because Anderson failed to file a timely notice of
appeal or to obtain an extension or reopening of the appeal period,
we dismiss the appeal. We dispense with oral argument because the
facts and legal contentions are adequately presented in the mate-
rials before the court and argument would not aid the decisional
process.
DISMISSED
*
For the purpose of this appeal, we assume that the date
appearing on the notice of appeal is the filing date. See Fed. R.
App. P. 4(c); Houston v. Lack, 487 U.S. 266 (1988).
2