UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-7646
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
JASON O’BRYAN MACKEY,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Richard L. Voorhees,
District Judge. (CR-96-114)
Submitted: February 21, 2002 Decided: March 4, 2002
Before WILKINS, MOTZ, and TRAXLER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Jason O’Bryan Mackey, Appellant Pro Se. Gretchen C.F. Shappert,
Assistant United States Attorney, Charlotte, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Jason O’Bryan Mackey appeals from a district court’s order
denying relief on his Fed. R. Crim. P. 35(b) motion. We dismiss
the appeal as untimely. Mackey did not file his notice of appeal
within the ten-day appeal period or the subsequent thirty-day-
extension period after the district court’s order. Fed. R. App. P.
4(b); United States v. Breit, 754 F.2d 526, 528-29 (4th Cir. 1985)
(ten-day appeal period set forth in Fed. R. App. P. 4(b) applies to
Rule 35 motions). Consequently, we are without jurisdiction to
hear the appeal. We deny leave to proceed in forma pauperis and
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
2