UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-6706
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
MARVIN LEWIS CARTER,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Samuel G. Wilson, Chief District
Judge. (CR-95-125, CA-01-827)
Submitted: July 18, 2002 Decided: July 24, 2002
Before WIDENER, LUTTIG, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Marvin Lewis Carter, Appellant Pro Se. Anthony Paul Giorno, OFFICE
OF THE UNITED STATES ATTORNEY, Roanoke, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Marvin Lewis Carter seeks to appeal the district court’s order
dismissing his 28 U.S.C.A. § 2255 (West Supp. 2001) motion as
successive. We dismiss the appeal for lack of jurisdiction because
Carter’s notice of appeal was not timely filed.
Parties are accorded sixty days after the entry of the
district court’s final judgment or order to note an appeal when the
United States is a party, 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
December 17, 2001. Carter’s notice of appeal was filed on April 26,
2002. Because Carter 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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