UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-7888
ELVIN O. VEGA,
Petitioner - Appellant,
versus
UNITED STATES OF AMERICA,
Respondent - Appellee.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. William M. Nickerson, District Judge.
(CR-99-453, CA-01-1898-WMN)
Submitted: April 18, 2002 Decided: April 25, 2002
Before MOTZ, TRAXLER, and GREGORY, Circuit Judges.
Dismissed in part and affirmed in part by unpublished per curiam
opinion.
Elvin O. Vega, Appellant Pro se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Elvin O. Vega seeks to appeal judgment of his conviction. We
dismiss the appeal as to this criminal conviction for lack of
jurisdiction because Vega’s notice of appeal was not timely filed.
Criminal defendants have ten days from the entry of the
judgment or order at issue to file a notice of appeal. See Fed. R.
App. P. 4(b). The appeal periods established by Rule 4 are
mandatory and jurisdictional. Browder v. Director, Dept of
Corrections, 434 U.S. 257, 264 (1978). The district court’s order
was entered on the docket on January 21, 2001. Vega’s notice of
appeal was filed on October 30, 2001. Because Vega failed to file
a timely notice of appeal, we dismiss the appeal as to his criminal
conviction.
To the extent that Vega appeals the district court’s orders
denying his request for copies of a forensic report and a
superseding indictment and his request for transcripts of the grand
jury, the plea hearing, and the sentencing hearing at government
expense, we have reviewed the record and the district court’s
orders and find no reversible error. Accordingly, we affirm on the
reasoning of the district court. See United States v. Vega, Nos.
CR-99-453; CA-01-1898-WMN (D. Md. Oct. 24, 2001; Jan. 15, 2002).
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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 IN PART AND AFFIRMED IN PART
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