UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7907
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
BYRON MELVIN GEORGE,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Marvin J. Garbis, District Judge. (CR-00-
2150-MJG, CA-00-2150-MJG)
Submitted: June 19, 2003 Decided: June 24, 2003
Before NIEMEYER, KING, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Byron Melvin George, Appellant Pro Se. Bonnie S. Greenberg, Lynne
Ann Battaglia, OFFICE OF THE UNITED STATES ATTORNEY, Baltimore,
Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Byron Melvin George seeks to appeal the district court’s order
denying relief on his motion filed under 28 U.S.C. § 2255 (2000).
We dismiss the appeal for lack of jurisdiction because the notice
of appeal was not timely filed.
When the United States or its officer or agency is a party,
the notice of appeal must be filed no more than sixty days after
the entry of the district court’s final judgment or order, Fed. R.
App. P. 4(a)(1)(B), 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 27, 2000. The notice of appeal was filed on December 8,
2002, nearly two years later. Because George 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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