UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-6347
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
JOHNEY FREEMAN, a/k/a Johnny Freeman, a/k/a
Johnny, a/k/a Mr. J, a/k/a J,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Raymond A. Jackson, District
Judge. (CR-88-76, CA-97-409)
Submitted: May 16, 2002 Decided: May 23, 2002
Before NIEMEYER, MICHAEL, and MOTZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Johney Freeman, Appellant Pro Se. Robert Joseph Seidel, Jr.,
Assistant United States Attorney, Norfolk, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Johney Freeman seeks to appeal the district court’s order
denying his motion to reconsider under Fed. R. Civ. P. 60(b) the
denial of his 28 U.S.C.A. § 2255 (West Supp. 2001) motion. We
dismiss the appeal for lack of jurisdiction because Freeman’s
notice of appeal was not timely filed.
Parties are accorded sixty days after entry of the district
court’s final judgment, when the United States is a party, to note
an appeal, see Fed. R. App. P. 4(a)(1), unless the district court
extends the appeal period under Fed. R. App. P. 4(a)(5) or reopens
the appeal period under Fed. R. App. P. 4(a)(6). 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
November 30, 2001. Freeman’s notice of appeal was filed on February
8, 2002, under Houston v. Lack, 487 U.S. 266 (1988). Because
Freeman failed to file a timely notice of appeal or to obtain an
extension or reopening of the appeal period, we deny a certificate
of appealability and 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
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