UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-4125
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
DARNELL FREEMAN,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Leonie M. Brinkema, District
Judge. (CR-02-427)
Submitted: February 19, 2004 Decided: February 25, 2004
Before NIEMEYER, GREGORY, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Darnell Freeman, Appellant Pro Se. LeDora Knight, OFFICE OF THE
UNITED STATES ATTORNEY, Paul Joseph McNulty, United States
Attorney, Alexandria, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Darnell Freeman was convicted of conspiracy to distribute
crack cocaine and sentenced to 121 months’ imprisonment by judgment
entered on January 3, 2003. Freeman filed a notice of appeal on
January 23. The district court found no excusable neglect or good
cause excusing Freeman’s untimely filing.
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. Dir., Dep’t of Corr., 434
U.S. 257, 264 (1978). Because Freeman filed his notice of appeal
outside the appeal period and failed to show either good cause or
excusable neglect, we lack jurisdiction to consider the merits of
the appeal.
Accordingly, we dismiss this appeal for lack of
jurisdiction. 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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